LABOR LAW PROVISIONS. A. It is hereby agreed that all applicable provisions of the Labor Law of the State of New York shall be carried out in performance of the Work. B. The CONSTRUCTION MANAGER specifically agrees, as required by Labor Law, Sections 220 and 220-d as amended, that: 1) no laborer, workmen, or mechanic, in the employ of the CONSTRUCTION MANAGER, Subconsultant, or other person doing or contracting to do the whole or any part of the work contemplated by this Contract shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week, except in the emergencies set forth in the Labor Law; 2) the wages paid for legal day's work shall be not less than the prevailing rate of wages as defined by law; 3) the minimum hourly rate of wages to be paid shall be not less than that stated in this Contract and shall be designated by the Commissioner of Labor of the State of New York; and 4) the CONSTRUCTION MANAGER and every Subconsultant shall post in a prominent and accessible place on the Site, a legible statement of all minimum wage rates and supplements to be paid or provided for the various classes of laborers and mechanics to be engaged in the Work and all deductions, if any, required by law to be made from unpaid wages actually earned by the laborers and mechanics so engaged. C. The minimum wage rates, if any, herein specified for apprentices shall apply only to persons working with the tools of the trade that said persons are learning under the direct supervision of journeyman mechanics. Except as otherwise required by law, the number of apprentices in each trade or occupation employed by the CONSTRUCTION MANAGER or any Subconsultant shall not exceed the number submitted by the applicable standards of the New York State Department of Labor, or, in the absence of said standards, the number permitted under the usual practice prevailing between the unions and the employer's association of the respective trades or occupations. D. All employees of the CONSTRUCTION MANAGER and each Subconsultant shall be paid in accordance with the provisions of the Labor Law. Certified payroll copies shall be provided to the OWNER upon request. E. The CONSTRUCTION MANAGER agrees that, in case of underpayment of wages to any worker engaged in the Work by the CONSTRUCTION MANAGER or any Subconsultant, the OWNER shall withhold from the CONSTRUCTION MANAGER, out of payments due, an amount sufficient to pay said worker the difference between the wages required to be paid under this Contract and rates actually paid said worker for the total number of hours worked and that the OWNER may disburse said amount so withheld by the OWNER for and on account of the CONSTRUCTION MANAGER to the employees to whom said amount is due. The CONSTRUCTION MANAGER further agrees that the amount to be withheld pursuant to this paragraph may be in addition to the percentages to be retained by the OWNER pursuant to other provisions of this Contract. F. Pursuant to subdivision 3 of section 220 and section 220-d of the Labor Law this Contract may be forfeited and no sum paid for any work done thereunder on a second conviction for willfully paying less than: 1) the stipulated wage scale as set forth in Labor Law; Section 220, subdivision 3, as amended, or 2) less than the stipulated minimum hourly wage scale as specified in Labor Law, Section 220-d, as amended. G. The CONSTRUCTION MANAGER specifically agrees, as required by the Labor Law, Section 220-e, as amended, that: 1) in the hiring of employees for the performance of work under this Contract or any subcontract hereunder, or for the manufacture, sale, or distribution of materials, equipment, or supplies hereunder, but limited to operation performed within the territorial limits of the State of New York, no CONSTRUCTION MANAGER, nor any person acting on behalf of said CONSTRUCTION MANAGER or Subconsultant, shall by reason of race, creed, color, sex, or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates; 2) no CONSTRUCTION MANAGER, nor any person on behalf of said CONSTRUCTION MANAGER or Subconsultant shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under this Contract on account of race, creed, color, sex, or national origin; 3) there may be deducted from the amount payable to the CONSTRUCTION MANAGER, by the OWNER under this Contract, a penalty of Fifty and 00/100 Dollars ($50.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the terms of this Contract; and 4) this Contract may be canceled or terminated by the OWNER and all money due or to become due hereunder may be forfeited for a second or any subsequent violation of the terms or conditions of this section of this Contract. H. The CONSTRUCTION MANAGER specifically agrees to certify its payrolls and keep these certified records on site and available, and provide copies to the OWNER upon request.
Appears in 4 contracts
Samples: Construction Management Agreement, Construction Management Agreement, Construction Management Agreement
LABOR LAW PROVISIONS. A. It is hereby agreed that all applicable provisions of the Labor Law of the State of New York shall be carried out in performance of the Work.
B. 13.1. The CONSTRUCTION MANAGER Professional specifically agrees, as required by Labor Law, Sections 220 and 220-d as amended, that:
1(i) no laborer, workmen, or mechanic, in the employ of the CONSTRUCTION MANAGERProfessional, Subconsultant, or other person doing or contracting to do the whole or any part of the work contemplated by this Contract For Professional Services shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week, except in the emergencies set forth in the Labor Law;
2(ii) the wages paid for legal day's work shall be not less than the prevailing rate of wages as defined by law;
3(iii) the minimum hourly rate of wages to be paid shall be not less than that stated in this Contract For Professional Services and shall be designated by the Commissioner of Labor of the State of New York; and
4(iv) the CONSTRUCTION MANAGER Professional and every Subconsultant shall post in a prominent and accessible place on the Site, a legible statement of all minimum wage rates and supplements to be paid or provided for the various classes of laborers and mechanics to be engaged in the Work and all deductions, if any, required by law to be made from unpaid wages actually earned by the laborers and mechanics so engaged.
C. 13.2. The minimum wage rates, if any, herein specified for apprentices shall apply only to persons working with the tools of the trade that said persons are learning under the direct supervision of journeyman mechanics. Except as otherwise required by law, the number of apprentices in each trade or occupation employed by the CONSTRUCTION MANAGER Professional or any Subconsultant shall not exceed the number submitted by the applicable standards of the New York State Department of Labor, or, in the absence of said standards, the number permitted under the usual practice prevailing between the unions and the employer's association of the respective trades or occupations.
D. 13.3. All employees of the CONSTRUCTION MANAGER Professional and each Subconsultant shall be paid in accordance with the provisions of the Labor Law. All payments shall be made in cash, except a payment may be made by check upon a certificate of the Commissioner of Labor of the State of New York. Certified payroll copies shall be provided to the OWNER Owner upon request.
E. 13.4. The CONSTRUCTION MANAGER Professional agrees that, in case of underpayment of wages to any worker engaged in the Work by the CONSTRUCTION MANAGER Professional or any Subconsultant, the OWNER Owner shall withhold from the CONSTRUCTION MANAGERProfessional, out of payments due, an amount sufficient to pay said worker the difference between the wages required to be paid under this Contract For Professional Services and rates actually paid said worker for the total number of hours worked and that the OWNER Owner may disburse said amount so withheld by the OWNER Owner for and on account of the CONSTRUCTION MANAGER Professional to the employees to whom said amount is due. The CONSTRUCTION MANAGER Professional further agrees that the amount to be withheld pursuant to this paragraph may be in addition to the percentages to be retained by the OWNER Owner pursuant to other provisions of this ContractContract for Professional Services.
F. 13.5. Pursuant to subdivision 3 of section 220 and section 220-d of the Labor Law this Contract For Professional Services may be forfeited and no sum paid for any work done thereunder on a second conviction for willfully paying less than:
1(i) the stipulated wage scale as set forth in Labor Law; Section 220, subdivision 3, as amended, or 2or
(ii) less than the stipulated minimum hourly wage scale as specified in Labor Law, Section 220-d, as amended.
G. 13.6. The CONSTRUCTION MANAGER Professional specifically agrees, as required by the Labor Law, Section 220-e, as amended, that:
1(i) in the hiring of employees for the performance of work under this Contract For Professional Services or any subcontract hereunder, or for the manufacture, sale, or distribution of materials, equipment, or supplies hereunder, but limited to operation performed within the territorial limits of the State of New York, no CONSTRUCTION MANAGERProfessional, nor any person acting on behalf of said CONSTRUCTION MANAGER Professional or Subconsultant, shall by reason of race, creed, color, sex, or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates;
2(ii) no CONSTRUCTION MANAGERProfessional, nor any person on behalf of said CONSTRUCTION MANAGER Professional or Subconsultant shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under this Contract For Professional Services on account of race, creed, color, sex, or national origin;
3) there may be deducted from the amount payable to the CONSTRUCTION MANAGER, by the OWNER under this Contract, a penalty of Fifty and 00/100 Dollars ($50.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the terms of this Contract; and
4) this Contract may be canceled or terminated by the OWNER and all money due or to become due hereunder may be forfeited for a second or any subsequent violation of the terms or conditions of this section of this Contract.
H. The CONSTRUCTION MANAGER specifically agrees to certify its payrolls and keep these certified records on site and available, and provide copies to the OWNER upon request.
Appears in 4 contracts
Samples: Professional Services, Professional Services, Professional Services
LABOR LAW PROVISIONS. A. It is hereby agreed that all applicable provisions of (a) When applicable, the Labor Law of the State of New York Contractor shall be carried out in performance of the Work.
B. The CONSTRUCTION MANAGER specifically agrees, as required by Labor Law, Sections 220 and 220-d as amended, that:
1) no laborer, workmen, or mechanicpost, in the employ of the CONSTRUCTION MANAGER, Subconsultant, or other person doing or contracting to do the whole or any part of the work contemplated by this Contract shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week, except in the emergencies set forth in the Labor Law;
2) the wages paid for legal day's work shall be not less than the prevailing rate of wages as defined by law;
3) the minimum hourly rate of wages to be paid shall be not less than that stated in this Contract and shall be a location designated by the Commissioner of Labor of the State of New York; and
4) the CONSTRUCTION MANAGER and every Subconsultant shall post in a prominent and accessible place on the SiteDepartment, a legible statement of all minimum wage rates and supplements to be paid or provided for the various classes of laborers and mechanics to be engaged in the Work and all deductions, if any, required by law to be made from unpaid wages actually earned by the laborers and mechanics so engaged.
C. The minimum wage rates, if any, herein specified for apprentices shall apply only to persons working with the tools of the trade that said persons are learning under the direct supervision of journeyman mechanics. Except as otherwise required by law, the number of apprentices in each trade or occupation employed by the CONSTRUCTION MANAGER or any Subconsultant shall not exceed the number submitted by the applicable standards copy of the New York State Department of LaborLabor schedules of prevailing wages and supplements for this project, ora copy of all re-determinations of such schedules for the project, the Workers' Compensation Law Section 51 notice, all other notices required by law to be posted at the site, the Department of Labor notice that this project is a public work project on which each worker is entitled to receive the prevailing wages and supplements for their occupation, and all other notices which the Department directs the Contractor to post. The Contractor shall provide a surface for such notices which is satisfactory to the Department. The Contractor shall maintain such notices in a legible manner and shall replace any notice or schedule which is damaged, defaced, illegible or removed for any reason. Contractor shall post such notices before commencing any work on the site and shall maintain such notices until all work on the site is complete.
(b) When appropriate, contractor shall distribute to each worker for this Contract a notice, in a form provided by the absence of said standardsDepartment, that this project is a public work project on which each worker is entitled to receive the number permitted under prevailing wage and supplements for the usual practice prevailing between the unions and the employer's association of the respective trades occupation at which he or occupations.
D. All she is working. Worker includes employees of Contractor and all Subcontractors and all employees of suppliers entering the CONSTRUCTION MANAGER and each Subconsultant site. Such notice shall be paid distributed to each worker before they start performing any work of this contract. At the time of distribution, Contractor shall have each worker sign a statement, in accordance a form provided by the Department, certifying that the worker has received the notice required by this section, which signed statement shall be maintained with the provisions of the Labor Law. Certified payroll copies shall be provided to the OWNER upon request.
E. The CONSTRUCTION MANAGER agrees that, in case of underpayment of wages to any worker engaged in the Work by the CONSTRUCTION MANAGER or any Subconsultant, the OWNER shall withhold from the CONSTRUCTION MANAGER, out of payments due, an amount sufficient to pay said worker the difference between the wages required to be paid under this Contract and rates actually paid said worker for the total number of hours worked and that the OWNER may disburse said amount so withheld by the OWNER for and on account of the CONSTRUCTION MANAGER to the employees to whom said amount is due. The CONSTRUCTION MANAGER further agrees that the amount to be withheld pursuant to this paragraph may be in addition to the percentages to be retained by the OWNER pursuant to other provisions of this Contract.
F. Pursuant to subdivision 3 of section 220 and section 220-d of the Labor Law this Contract may be forfeited and no sum paid for any work done thereunder on a second conviction for willfully paying less than:
1) the stipulated wage scale as set forth in Labor Law; Section 220, subdivision 3, as amended, or 2) less than the stipulated minimum hourly wage scale as specified in Labor Law, Section 220-d, as amended.
G. The CONSTRUCTION MANAGER specifically agrees, as records required by the following paragraph (c).
(c) Contractor shall maintain on the site the original certified payrolls or certified transcripts thereof which Contractor and all of its Subcontractors are required to maintain pursuant to the New York Labor Law, Law Section 220-e. Contractor shall maintain with the payrolls or transcripts thereof, as amended, that:the statements signed by each worker pursuant to paragraph (b).
1(d) in the hiring Within thirty days of employees for the performance of work under this Contract or any subcontract hereunder, or for the manufacture, sale, or distribution of materials, equipment, or supplies hereunder, but limited to operation performed within the territorial limits issuance of the State of New Yorkfirst payroll, no CONSTRUCTION MANAGERand every thirty days thereafter, nor any person acting on behalf of said CONSTRUCTION MANAGER or Subconsultant, shall by reason of race, creed, color, sex, or national origin discriminate against any citizen the Contractor and every subcontractor must submit a transcript of the State of New York who is qualified and available to perform the work to which the employment relates;
2) no CONSTRUCTION MANAGER, nor any person on behalf of said CONSTRUCTION MANAGER or Subconsultant shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under this Contract on account of race, creed, color, sex, or national origin;
3) there may be deducted from the amount payable original payroll to the CONSTRUCTION MANAGERDepartment, by the OWNER which transcript must be subscribed and affirmed as true under this Contract, a penalty of Fifty and 00/100 Dollars ($50.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the terms of this Contract; and
4) this Contract may be canceled or terminated by the OWNER and all money due or to become due hereunder may be forfeited for a second or any subsequent violation of the terms or conditions of this section of this Contractperjury.
H. The CONSTRUCTION MANAGER specifically agrees to certify its payrolls and keep these certified records on site and available, and provide copies to the OWNER upon request.
Appears in 2 contracts
Samples: Local Project Partnership Agreement, Local Project Partnership Agreement
LABOR LAW PROVISIONS. A. It is hereby agreed that all applicable provisions of the Labor Law of the State of New York shall be carried out in performance of the Work.
B. The CONSTRUCTION MANAGER CONSULTANT specifically agrees, as required by Labor Law, Sections 220 and 220-d as amended, that:
1) no laborer, workmen, or mechanic, in the employ of the CONSTRUCTION MANAGERCONSULTANT, Subconsultant, or other person doing or contracting to do the whole or any part of the work contemplated by this Contract shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week, except in the emergencies set forth in the Labor Law;
2) the wages paid for legal day's work shall be not less than the prevailing rate of wages as defined by law;
3) the minimum hourly rate of wages to be paid shall be not less than that stated in this Contract and shall be designated by the Commissioner of Labor of the State of New York; and
4) the CONSTRUCTION MANAGER CONSULTANT and every Subconsultant shall post in a prominent and accessible place on the Site, a legible statement of all minimum wage rates and supplements to be paid or provided for the various classes of laborers and mechanics to be engaged in the Work and all deductions, if any, required by law to be made from unpaid wages actually earned by the laborers and mechanics so engaged.
C. The minimum wage rates, if any, herein specified for apprentices shall apply only to persons working with the tools of the trade that said persons are learning under the direct supervision of journeyman mechanics. Except as otherwise required by law, the number of apprentices in each trade or occupation employed by the CONSTRUCTION MANAGER CONSULTANT or any Subconsultant shall not exceed the number submitted by the applicable standards of the New York State Department of Labor, or, in the absence of said standards, the number permitted under the usual practice prevailing between the unions and the employer's association of the respective trades or occupations.
D. All employees of the CONSTRUCTION MANAGER CONSULTANT and each Subconsultant shall be paid in accordance with the provisions of the Labor Law. Certified payroll copies shall be provided to the OWNER upon request.
E. The CONSTRUCTION MANAGER CONSULTANT agrees that, in case of underpayment of wages to any worker engaged in the Work by the CONSTRUCTION MANAGER CONSULTANT or any Subconsultant, the OWNER shall withhold from the CONSTRUCTION MANAGERCONSULTANT, out of payments due, an amount sufficient to pay said worker the difference between the wages required to be paid under this Contract and rates actually paid said worker for the total number of hours worked and that the OWNER may disburse said amount so withheld by the OWNER for and on account of the CONSTRUCTION MANAGER CONSULTANT to the employees to whom said amount is due. The CONSTRUCTION MANAGER CONSULTANT further agrees that the amount to be withheld pursuant to this paragraph may be in addition to the percentages to be retained by the OWNER pursuant to other provisions of this Contract.
F. Pursuant to subdivision 3 of section 220 and section 220-d of the Labor Law this Contract may be forfeited and no sum paid for any work done thereunder on a second conviction for willfully paying less than:
1) the stipulated wage scale as set forth in Labor Law; Section 220, subdivision 3, as amended, or 2) less than the stipulated minimum hourly wage scale as specified in Labor Law, Section 220-d, as amended.
G. The CONSTRUCTION MANAGER CONSULTANT specifically agrees, as required by the Labor Law, Section 220-e, as amended, that:
1) in the hiring of employees for the performance of work under this Contract or any subcontract hereunder, or for the manufacture, sale, or distribution of materials, equipment, or supplies hereunder, but limited to operation performed within the territorial limits of the State of New York, no CONSTRUCTION MANAGERCONSULTANT, nor any person acting on behalf of said CONSTRUCTION MANAGER CONSULTANT or Subconsultant, shall by reason of race, creed, color, sex, or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates;
2) no CONSTRUCTION MANAGERCONSULTANT, nor any person on behalf of said CONSTRUCTION MANAGER CONSULTANT or Subconsultant shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under this Contract on account of race, creed, color, sex, or national origin;
3) there may be deducted from the amount payable to the CONSTRUCTION MANAGERCONSULTANT, by the OWNER under this Contract, a penalty of Fifty and 00/100 Dollars ($50.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the terms of this Contract; and
4) this Contract may be canceled or terminated by the OWNER and all money due or to become due hereunder may be forfeited for a second or any subsequent violation of the terms or conditions of this section of this Contract.
H. The CONSTRUCTION MANAGER CONSULTANT specifically agrees to certify its payrolls and keep these certified records on site and available, and provide copies to the OWNER upon request.
Appears in 2 contracts
Samples: Commissioning Services Agreement, Consulting Agreement
LABOR LAW PROVISIONS. A. It is hereby agreed that all applicable provisions of the Labor Law of the State of New York shall be carried out in performance of the Work.
B. The CONSTRUCTION MANAGER CONSULTANT specifically agrees, as required by Labor Law, Sections 220 and 220-d as amended, that:
1) no laborer, workmen, or mechanic, in the employ of the CONSTRUCTION MANAGERCONSULTANT, Subconsultantsubconsultant, or other person doing or contracting to do the whole or any part of the work contemplated by this Contract shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week, except in the emergencies set forth in the Labor Law;
2) the wages paid for legal day's work shall be not less than the prevailing rate of wages as defined by law;
3) the minimum hourly rate of wages to be paid shall be not less than that stated in this Contract and shall be designated by the Commissioner of Labor of the State of New York; and
4) the CONSTRUCTION MANAGER CONSULTANT and every Subconsultant subconsultant shall post in a prominent and accessible place on the Sitesite, a legible statement of all minimum wage rates and supplements to be paid or provided for the various classes of laborers and mechanics to be engaged in the Work and all deductions, if any, required by law to be made from unpaid wages actually earned by the laborers and mechanics so engaged.
C. The minimum wage rates, if any, herein specified for apprentices shall apply only to persons working with the tools of the trade that said persons are learning under the direct supervision of journeyman mechanics. Except as otherwise required by law, the number of apprentices in each trade or occupation employed by the CONSTRUCTION MANAGER CONSULTANT or any Subconsultant subconsultant shall not exceed the number submitted by the applicable standards of the New York State Department of Labor, or, in the absence of said standards, the number permitted under the usual practice prevailing between the unions and the employer's association of the respective trades or occupations.
D. All employees of the CONSTRUCTION MANAGER CONSULTANT and each Subconsultant subconsultant shall be paid in accordance with the provisions of the Labor Law. Certified payroll copies shall be provided to the OWNER upon request.
E. The CONSTRUCTION MANAGER CONSULTANT agrees that, in case of underpayment of wages to any worker engaged in the Work by the CONSTRUCTION MANAGER CONSULTANT or any Subconsultantsubconsultant, the OWNER shall withhold from the CONSTRUCTION MANAGERCONSULTANT, out of payments due, an amount sufficient to pay said worker the difference between the wages required to be paid under this Contract and rates actually paid said worker for the total number of hours worked and that the OWNER may disburse said amount so withheld by the OWNER for and on account of the CONSTRUCTION MANAGER CONSULTANT to the employees to whom said amount is due. The CONSTRUCTION MANAGER CONSULTANT further agrees that the amount to be withheld pursuant to this paragraph may be in addition to the percentages to be retained by the OWNER pursuant to other provisions of this Contract.
F. Pursuant to subdivision 3 of section 220 and section 220-d of the Labor Law this Contract may be forfeited and no sum paid for any work done thereunder on a second conviction for willfully paying less than:
1) the stipulated wage scale as set forth in Labor Law; Section 220, subdivision 3, as amended, or 2) less than the stipulated minimum hourly wage scale as specified in Labor Law, Section 220-d, as amended.
G. The CONSTRUCTION MANAGER CONSULTANT specifically agrees, as required by the Labor Law, Section 220-e, as amended, that:
1) in the hiring of employees for the performance of work under this Contract or any subcontract hereunder, or for the manufacture, sale, or distribution of materials, equipment, or supplies hereunder, but limited to operation performed within the territorial limits of the State of New York, no CONSTRUCTION MANAGERCONSULTANT, nor any person acting on behalf of said CONSTRUCTION MANAGER CONSULTANT or Subconsultantsubconsultant, shall by reason of race, creed, color, sex, or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates;
2) no CONSTRUCTION MANAGERCONSULTANT, nor any person on behalf of said CONSTRUCTION MANAGER CONSULTANT or Subconsultant subconsultant shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under this Contract on account of race, creed, color, sex, or national origin;
3) there may be deducted from the amount payable to the CONSTRUCTION MANAGERCONSULTANT, by the OWNER under this Contract, a penalty of Fifty and 00/100 Dollars ($50.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the terms of this Contract; and
4) this Contract may be canceled or terminated by the OWNER and all money due or to become due hereunder may be forfeited for a second or any subsequent violation of the terms or conditions of this section of this Contract.
H. The CONSTRUCTION MANAGER CONSULTANT specifically agrees to certify its payrolls and keep these certified records on site and available, and provide copies to the OWNER upon request.
Appears in 1 contract
Samples: Consulting Agreement
LABOR LAW PROVISIONS.
A. It is hereby agreed that all applicable provisions of the Labor Law of the State of New York shall be carried out in performance of the Work.
B. The CONSTRUCTION MANAGER CONSULTANT specifically agrees, as required by Labor Law, Sections 220 and 220-220- d as amended, that:
1) no laborer, workmen, or mechanic, in the employ of the CONSTRUCTION MANAGERCONSULTANT, Subconsultantsubconsultant, or other person doing or contracting to do the whole or any part of the work contemplated by this Contract shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week, except in the emergencies set forth in the Labor Law;
2) the wages paid for legal day's work shall be not less than the prevailing rate of wages as defined by law;
3) the minimum hourly rate of wages to be paid shall be not less than that stated in this Contract and shall be designated by the Commissioner of Labor of the State of New York; and
4) the CONSTRUCTION MANAGER CONSULTANT and every Subconsultant subconsultant shall post in a prominent and accessible place on the Sitesite, a legible statement of all minimum wage rates and supplements to be paid or provided for the various classes of laborers and mechanics to be engaged in the Work and all deductions, if any, required by law to be made from unpaid wages actually earned by the laborers and mechanics so engaged.
C. The minimum wage rates, if any, herein specified for apprentices shall apply only to persons working with the tools of the trade that said persons are learning under the direct supervision of journeyman mechanics. Except as otherwise required by law, the number of apprentices in each trade or occupation employed by the CONSTRUCTION MANAGER CONSULTANT or any Subconsultant subconsultant shall not exceed the number submitted by the applicable standards of the New York State Department of Labor, or, in the absence of said standards, the number permitted under the usual practice prevailing between the unions and the employer's association of the respective trades or occupations.
D. All employees of the CONSTRUCTION MANAGER CONSULTANT and each Subconsultant subconsultant shall be paid in accordance with the provisions of the Labor Law. Certified payroll copies shall be provided to the OWNER upon request.
E. The CONSTRUCTION MANAGER CONSULTANT agrees that, in case of underpayment of wages to any worker engaged in the Work by the CONSTRUCTION MANAGER CONSULTANT or any Subconsultantsubconsultant, the OWNER shall withhold from the CONSTRUCTION MANAGERCONSULTANT, out of payments due, an amount sufficient to pay said worker the difference between the wages required to be paid under this Contract and rates actually paid said worker for the total number of hours worked and that the OWNER may disburse said amount so withheld by the OWNER for and on account of the CONSTRUCTION MANAGER CONSULTANT to the employees to whom said amount is due. The CONSTRUCTION MANAGER CONSULTANT further agrees that the amount to be withheld pursuant to this paragraph may be in addition to the percentages to be retained by the OWNER pursuant to other provisions of this Contract.
F. Pursuant to subdivision 3 of section 220 and section 220-d of the Labor Law this Contract may be forfeited and no sum paid for any work done thereunder on a second conviction for willfully paying less than:
1) the stipulated wage scale as set forth in Labor Law; Section 220, subdivision 3, as amended, or 2) less than the stipulated minimum hourly wage scale as specified in Labor Law, Section 220-d, as amended.
G. The CONSTRUCTION MANAGER CONSULTANT specifically agrees, as required by the Labor Law, Section 220-e, as amended, that:
1) in the hiring of employees for the performance of work under this Contract or any subcontract hereunder, or for the manufacture, sale, or distribution of materials, equipment, or supplies hereunder, but limited to operation performed within the territorial limits of the State of New York, no CONSTRUCTION MANAGERCONSULTANT, nor any person acting on behalf of said CONSTRUCTION MANAGER CONSULTANT or Subconsultantsubconsultant, shall by reason of race, creed, color, sex, or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates;
2) no CONSTRUCTION MANAGERCONSULTANT, nor any person on behalf of said CONSTRUCTION MANAGER CONSULTANT or Subconsultant subconsultant shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under this Contract on account of race, creed, color, sex, or national origin;
3) there may be deducted from the amount payable to the CONSTRUCTION MANAGERCONSULTANT, by the OWNER under this Contract, a penalty of Fifty and 00/100 Dollars ($50.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the terms of this Contract; and
4) this Contract may be canceled or terminated by the OWNER and all money due or to become due hereunder may be forfeited for a second or any subsequent violation of the terms or conditions of this section of this Contract.
H. The CONSTRUCTION MANAGER CONSULTANT specifically agrees to certify its payrolls and keep these certified records on site and available, and provide copies to the OWNER upon request.
Appears in 1 contract
Samples: Consulting Agreement
LABOR LAW PROVISIONS. A. It is hereby agreed that all applicable provisions of the Labor Law of the State of New York shall be carried out in performance of the Work.
B. The CONSTRUCTION MANAGER PROFESSIONAL specifically agrees, as required by Labor Law, Sections 220 and 220-d as amended, that:
1) no laborer, workmen, or mechanic, in the employ of the CONSTRUCTION MANAGERPROFESSIONAL, Subconsultantsubconsultant, or other person doing or contracting to do the whole or any part of the work contemplated by this Contract shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week, except in the emergencies set forth in the Labor Law;
2) the wages paid for legal day's work shall be not less than the prevailing rate of wages as defined by law;
3) the minimum hourly rate of wages to be paid shall be not less than that stated in this Contract and shall be designated by the Commissioner of Labor of the State of New York; and
4) the CONSTRUCTION MANAGER PROFESSIONAL and every Subconsultant subconsultant shall post in a prominent and accessible place on the Site, a legible statement of all minimum wage rates and supplements to be paid or provided for the various classes of laborers and mechanics to be engaged in the Work and all deductions, if any, required by law to be made from unpaid wages actually earned by the laborers and mechanics so engaged.
C. The minimum wage rates, if any, herein specified for apprentices shall apply only to persons working with the tools of the trade that said persons are learning under the direct supervision of journeyman mechanics. Except as otherwise required by law, the number of apprentices in each trade or occupation employed by the CONSTRUCTION MANAGER PROFESSIONAL or any Subconsultant subconsultant shall not exceed the number submitted by the applicable standards of the New York State Department of Labor, or, in the absence of said standards, the number permitted under the usual practice prevailing between the unions and the employer's association of the respective trades or occupations.
D. All employees of the CONSTRUCTION MANAGER PROFESSIONAL and each Subconsultant subconsultant shall be paid in accordance with the provisions of the Labor Law. Certified payroll copies shall be provided to the OWNER upon request.
E. The CONSTRUCTION MANAGER PROFESSIONAL agrees that, in case of underpayment of wages to any worker engaged in the Work by the CONSTRUCTION MANAGER PROFESSIONAL or any Subconsultantsubconsultant, the OWNER shall withhold from the CONSTRUCTION MANAGERPROFESSIONAL, out of payments due, an amount sufficient to pay said worker the difference between the wages required to be paid under this Contract and rates actually paid said worker for the total number of hours worked and that the OWNER may disburse said amount so withheld by the OWNER for and on account of the CONSTRUCTION MANAGER PROFESSIONAL to the employees to whom said amount is due. The CONSTRUCTION MANAGER PROFESSIONAL further agrees that the amount to be withheld pursuant to this paragraph may be in addition to the percentages to be retained by the OWNER pursuant to other provisions of this Contract.
F. Pursuant to subdivision 3 of section 220 and section 220-d of the Labor Law this Contract may be forfeited and no sum paid for any work done thereunder on a second conviction for willfully paying less than:
1) the stipulated wage scale as set forth in Labor Law; Section 220, subdivision 3, as amended, or 2) less than the stipulated minimum hourly wage scale as specified in Labor Law, Section 220-d, as amended.
G. The CONSTRUCTION MANAGER PROFESSIONAL specifically agrees, as required by the Labor Law, Section 220-e, as amended, that:
1) in the hiring of employees for the performance of work under this Contract or any subcontract hereunder, or for the manufacture, sale, or distribution of materials, equipment, or supplies hereunder, but limited to operation performed within the territorial limits of the State of New York, no CONSTRUCTION MANAGERPROFESSIONAL, nor any person acting on behalf of said CONSTRUCTION MANAGER PROFESSIONAL or Subconsultantsubconsultant, shall by reason of race, creed, color, sex, or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates;
2) no CONSTRUCTION MANAGERPROFESSIONAL, nor any person on behalf of said CONSTRUCTION MANAGER PROFESSIONAL or Subconsultant subconsultant shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under this Contract on account of race, creed, color, sex, or national origin;
3) there may be deducted from the amount payable to the CONSTRUCTION MANAGERPROFESSIONAL, by the OWNER under this Contract, a penalty of Fifty and 00/100 Dollars ($50.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the terms of this Contract; and
4) this Contract may be canceled or terminated by the OWNER and all money due or to become due hereunder may be forfeited for a second or any subsequent violation of the terms or conditions of this section of this Contract.
H. The CONSTRUCTION MANAGER PROFESSIONAL specifically agrees to certify its payrolls and keep these certified records on site and available, and provide copies to the OWNER upon request.
Appears in 1 contract
Samples: Consulting Agreement
LABOR LAW PROVISIONS. A. It is hereby agreed that all applicable provisions of the Labor Law of the State of New York shall be carried out in performance of the Work.
B. The CONSTRUCTION MANAGER CONSULTANT specifically agrees, as required by Labor Law, Sections 220 and 220-d as amended, that:
1) no laborer, workmen, or mechanic, in the employ of the CONSTRUCTION MANAGERCONSULTANT, Subconsultantsub-consultant, or other person doing or contracting to do the whole or any part of the work contemplated by this Contract shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week, except in the emergencies set forth in the Labor Law;
2) the wages paid for legal day's work shall be not less than the prevailing rate of wages as defined by law;
3) the minimum hourly rate of wages to be paid shall be not less than that stated in this Contract and shall be designated by the Commissioner of Labor of the State of New York; and
4) the CONSTRUCTION MANAGER CONSULTANT and every Subconsultant sub-consultant shall post in a prominent and accessible place on the Site, a legible statement of all minimum wage rates and supplements to be paid or provided for the various classes of laborers and mechanics to be engaged in the Work and all deductions, if any, required by law to be made from unpaid wages actually earned by the laborers and mechanics so engaged.
C. The minimum wage rates, if any, herein specified for apprentices shall apply only to persons working with the tools of the trade that said persons are learning under the direct supervision of journeyman mechanics. Except as otherwise required by law, the number of apprentices in each trade or occupation employed by the CONSTRUCTION MANAGER CONSULTANT or any Subconsultant Sub-consultant shall not exceed the number submitted by the applicable standards of the New York State Department of Labor, or, in the absence of said standards, the number permitted under the usual practice prevailing between the unions and the employer's association of the respective trades or occupations.
D. All employees of the CONSTRUCTION MANAGER CONSULTANT and each Subconsultant sub-consultant shall be paid in accordance with the provisions of the Labor Law. Certified payroll copies shall be provided to the OWNER upon request.request.-
E. The CONSTRUCTION MANAGER CONSULTANT agrees that, in case of underpayment of wages to any worker engaged in the Work by the CONSTRUCTION MANAGER CONSULTANT or any Subconsultantsub-consultant, the OWNER shall withhold from the CONSTRUCTION MANAGERCONSULTANT, out of payments due, an amount sufficient to pay said worker the difference between the wages required to be paid under this Contract and rates actually paid said worker for the total number of hours worked and that the OWNER may disburse said amount so withheld by the OWNER for and on account of the CONSTRUCTION MANAGER CONSULTANT to the employees to whom said amount is due. The CONSTRUCTION MANAGER CONSULTANT further agrees that the amount to be withheld pursuant to this paragraph may be in addition to the percentages to be retained by the OWNER pursuant to other provisions of this Contract.
F. Pursuant to subdivision 3 of section 220 and section 220-d of the Labor Law this Contract may be forfeited and no sum paid for any work done thereunder on a second conviction for willfully paying less than:
1) the stipulated wage scale as set forth in Labor Law; Section 220, subdivision 3, as amended, or 2) less than the stipulated minimum hourly wage scale as specified in Labor Law, Section 220-d, as amended.
G. The CONSTRUCTION MANAGER CONSULTANT specifically agrees, as required by the Labor Law, Section 220-e, as amended, that:
1) in the hiring of employees for the performance of work under this Contract or any subcontract hereunder, or for the manufacture, sale, or distribution of materials, equipment, or supplies hereunder, but limited to operation performed within the territorial limits of the State of New York, no CONSTRUCTION MANAGERCONSULTANT, nor any person acting on behalf of said CONSTRUCTION MANAGER CONSULTANT or SubconsultantSub-consultant, shall by reason of race, creed, color, sex, or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates;
2) no CONSTRUCTION MANAGERCONSULTANT, nor any person on behalf of said CONSTRUCTION MANAGER CONSULTANT or Subconsultant sub-consultant shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under this Contract on account of race, creed, color, sex, or national origin;
3) there may be deducted from the amount payable to the CONSTRUCTION MANAGERCONSULTANT, by the OWNER under this Contract, a penalty of Fifty and 00/100 Dollars ($50.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the terms of this Contract; and
4) this Contract may be canceled or terminated by the OWNER and all money due or to become due hereunder may be forfeited for a second or any subsequent violation of the terms or conditions of this section of this Contract.
H. The CONSTRUCTION MANAGER CONSULTANT specifically agrees to certify its payrolls and keep these certified records on site and available, available and provide copies to the OWNER upon request.
Appears in 1 contract
Samples: Consulting Agreement
LABOR LAW PROVISIONS.
A. It is hereby agreed that all applicable provisions of the Labor Law of the State of New York shall be carried out in performance of the Work.
B. The CONSTRUCTION MANAGER CONSULTANT specifically agrees, as required by Labor Law, Sections 220 and 220-d as amended, that:
1) no laborer, workmen, or mechanic, in the employ of the CONSTRUCTION MANAGERCONSULTANT, SubconsultantSub-consultant, or other person doing or contracting to do the whole or any part of the work contemplated by this Contract shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week, except in the emergencies set forth in the Labor Law;
2) the wages paid for legal day's work shall be not less than the prevailing rate of wages as defined by law;
3) the minimum hourly rate of wages to be paid shall be not less than that stated in this Contract and shall be designated by the Commissioner of Labor of the State of New York; and
4) the CONSTRUCTION MANAGER CONSULTANT and every Subconsultant Sub-consultant shall post in a prominent and accessible place on the Site, a legible statement of all minimum wage rates and supplements to be paid or provided for the various classes of laborers and mechanics to be engaged in the Work and all deductions, if any, required by law to be made from unpaid wages actually earned by the laborers and mechanics so engaged.
C. The minimum wage rates, if any, herein specified for apprentices shall apply only to persons working with the tools of the trade that said persons are learning under the direct supervision of journeyman mechanics. Except as otherwise required by law, the number of apprentices in each trade or occupation employed by the CONSTRUCTION MANAGER CONSULTANT or any Subconsultant Sub-consultant shall not exceed the number submitted by the applicable standards of the New York State Department of Labor, or, in the absence of said standards, the number permitted under the usual practice prevailing between the unions and the employer's association of the respective trades or occupations.
D. All employees of the CONSTRUCTION MANAGER CONSULTANT and each Subconsultant Sub-consultant shall be paid in accordance with the provisions of the Labor Law. Certified payroll copies shall be provided to the OWNER upon request.
E. The CONSTRUCTION MANAGER CONSULTANT agrees that, in case of underpayment of wages to any worker engaged in the Work by the CONSTRUCTION MANAGER CONSULTANT or any SubconsultantSub- consultant, the OWNER shall withhold from the CONSTRUCTION MANAGERCONSULTANT, out of payments due, an amount sufficient to pay said worker the difference between the wages required to be paid under this Contract and rates actually paid said worker for the total number of hours worked and that the OWNER may disburse said amount so withheld by the OWNER for and on account of the CONSTRUCTION MANAGER CONSULTANT to the employees to whom said amount is due. The CONSTRUCTION MANAGER CONSULTANT further agrees that the amount to be withheld pursuant to this paragraph may be in addition to the percentages to be retained by the OWNER pursuant to other provisions of this Contract.
F. Pursuant to subdivision 3 of section 220 and section 220-d of the Labor Law this Contract may be forfeited and no sum paid for any work done thereunder on a second conviction for willfully paying less than:
1) the stipulated wage scale as set forth in Labor Law; Section 220, subdivision 3, as amended, or 2) less than the stipulated minimum hourly wage scale as specified in Labor Law, Section 220-d, as amended.
G. The CONSTRUCTION MANAGER CONSULTANT specifically agrees, as required by the Labor Law, Section 220-e, as amended, that:
1) in the hiring of employees for the performance of work under this Contract or any subcontract hereunder, or for the manufacture, sale, or distribution of materials, equipment, or supplies hereunder, but limited to operation performed within the territorial limits of the State of New York, no CONSTRUCTION MANAGERCONSULTANT, nor any person acting on behalf of said CONSTRUCTION MANAGER CONSULTANT or SubconsultantSub-consultant, shall by reason of race, creed, color, sex, or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates;
2) no CONSTRUCTION MANAGERCONSULTANT, nor any person on behalf of said CONSTRUCTION MANAGER CONSULTANT or Subconsultant Sub-consultant shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under this Contract on account of race, creed, color, sex, or national origin;
3) there may be deducted from the amount payable to the CONSTRUCTION MANAGERCONSULTANT, by the OWNER under this Contract, a penalty of Fifty and 00/100 Dollars ($50.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the terms of this Contract; and
4) this Contract may be canceled or terminated by the OWNER and all money due or to become due hereunder may be forfeited for a second or any subsequent violation of the terms or conditions of this section of this Contract.
H. The CONSTRUCTION MANAGER CONSULTANT specifically agrees to certify its payrolls and keep these certified records on site and available, and provide copies to the OWNER upon request.
Appears in 1 contract
Samples: Consulting Agreement
LABOR LAW PROVISIONS. A. It is hereby agreed that all applicable provisions of the Labor Law of the State of New York shall be carried out in performance of the Work.
B. The CONSTRUCTION MANAGER CONSULTANT specifically agrees, as required by Labor Law, Sections 220 and 220-d as amended, that:
1) no laborer, workmen, or mechanic, in the employ of the CONSTRUCTION MANAGERCONSULTANT, Subconsultantsubconsultant, or other person doing or contracting to do the whole or any part of the work contemplated by this Contract shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week, except in the emergencies set forth in the Labor Law;
2) the wages paid for legal day's work shall be not less than the prevailing rate of wages as defined by law;
3) the minimum hourly rate of wages to be paid shall be not less than that stated in this Contract and shall be designated by the Commissioner of Labor of the State of New York; and
4) the CONSTRUCTION MANAGER CONSULTANT and every Subconsultant subconsultant shall post in a prominent and accessible place on the Site, a legible statement of all minimum wage rates and supplements to be paid or provided for the various classes of laborers and mechanics to be engaged in the Work and all deductions, if any, required by law to be made from unpaid wages actually earned by the laborers and mechanics so engaged.
C. The minimum wage rates, if any, herein specified for apprentices shall apply only to persons working with the tools of the trade that said persons are learning under the direct supervision of journeyman mechanics. Except as otherwise required by law, the number of apprentices in each trade or occupation employed by the CONSTRUCTION MANAGER CONSULTANT or any Subconsultant subconsultant shall not exceed the number submitted by the applicable standards of the New York State Department of Labor, or, in the absence of said standards, the number permitted under the usual practice prevailing between the unions and the employer's association of the respective trades or occupations.
D. All employees of the CONSTRUCTION MANAGER CONSULTANT and each Subconsultant subconsultant shall be paid in accordance with the provisions of the Labor Law. Certified payroll copies shall be provided to the OWNER DASNY upon request.
E. X. The CONSTRUCTION MANAGER CONSULTANT agrees that, in case of underpayment of wages to any worker engaged in the Work by the CONSTRUCTION MANAGER CONSULTANT or any Subconsultantsubconsultant, the OWNER DASNY shall withhold from the CONSTRUCTION MANAGERCONSULTANT, out of payments due, an amount sufficient to pay said worker the difference between the wages required to be paid under this Contract and rates actually paid said worker for the total number of hours worked and that the OWNER DASNY may disburse said amount so withheld by the OWNER XXXXX for and on account of the CONSTRUCTION MANAGER CONSULTANT to the employees to whom said amount is due. The CONSTRUCTION MANAGER CONSULTANT further agrees that the amount to be withheld pursuant to this paragraph may be in addition to the percentages to be retained by the OWNER DASNY pursuant to other provisions of this Contract.
F. Pursuant to subdivision 3 of section 220 and section 220-d of the Labor Law this Contract may be forfeited and no sum paid for any work done thereunder on a second conviction for willfully paying less than:
1) the stipulated wage scale as set forth in Labor Law; Section 220, subdivision 3, as amended, or 2) less than the stipulated minimum hourly wage scale as specified in Labor Law, Section 220-d, as amended.
G. The CONSTRUCTION MANAGER specifically agrees, as required by the Labor Law, Section 220-e, as amended, that:
1) in the hiring of employees for the performance of work under this Contract or any subcontract hereunder, or for the manufacture, sale, or distribution of materials, equipment, or supplies hereunder, but limited to operation performed within the territorial limits of the State of New York, no CONSTRUCTION MANAGER, nor any person acting on behalf of said CONSTRUCTION MANAGER or Subconsultant, shall by reason of race, creed, color, sex, or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates;
2) no CONSTRUCTION MANAGER, nor any person on behalf of said CONSTRUCTION MANAGER or Subconsultant shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under this Contract on account of race, creed, color, sex, or national origin;
3) there may be deducted from the amount payable to the CONSTRUCTION MANAGER, by the OWNER under this Contract, a penalty of Fifty and 00/100 Dollars ($50.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the terms of this Contract; and
4) this Contract may be canceled or terminated by the OWNER and all money due or to become due hereunder may be forfeited for a second or any subsequent violation of the terms or conditions of this section of this Contract.
H. The CONSTRUCTION MANAGER specifically agrees to certify its payrolls and keep these certified records on site and available, and provide copies to the OWNER upon request.
Appears in 1 contract
Samples: Consulting Agreement
LABOR LAW PROVISIONS. A. It is hereby agreed that all applicable provisions of the Labor Law of the State of New York shall be carried out in performance of the Work.
B. The CONSTRUCTION MANAGER specifically agrees, as required by Labor Law, Sections 220 and 220-d as amended, that:
1) no laborer, workmen, or mechanic, in the employ of the CONSTRUCTION MANAGER, Subconsultant, or other person doing or contracting to do the whole or any part of the work contemplated by this Contract shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week, except in the emergencies set forth in the Labor Law;
2) the wages paid for legal day's work shall be not less than the prevailing rate of wages as defined by law;
3) the minimum hourly rate of wages to be paid shall be not less than that stated in this Contract and shall be designated by the Commissioner of Labor of the State of New York; and
4) the CONSTRUCTION MANAGER and every Subconsultant shall post in a prominent and accessible place on the Site, a legible statement of all minimum wage rates and supplements to be paid or provided for the various classes of laborers and mechanics to be engaged in the Work and all deductions, if any, required by law to be made from unpaid wages actually earned by the laborers and mechanics so engaged.
C. The minimum wage rates, if any, herein specified for apprentices shall apply only to persons working with the tools of the trade that said persons are learning under the direct supervision of journeyman mechanics. Except as otherwise required by law, the number of apprentices in each trade or occupation employed by the CONSTRUCTION MANAGER or any Subconsultant shall not exceed the number submitted by the applicable standards of the New York State Department of Labor, or, in the absence of said standards, the number permitted under the usual practice prevailing between the unions and the employer's association of the respective trades or occupations.
D. All employees of the CONSTRUCTION MANAGER and each Subconsultant shall be paid in accordance with the provisions of the Labor Law. Certified payroll copies shall be provided to the OWNER upon request.
E. The CONSTRUCTION MANAGER agrees that, in case of underpayment of wages to any worker engaged in the Work by the CONSTRUCTION MANAGER or any Subconsultant, the OWNER shall withhold from the CONSTRUCTION MANAGER, out of payments due, an amount sufficient to pay said worker the difference between the wages required to be paid under this Contract and rates actually paid said worker for the total number of hours worked and that the OWNER may disburse said amount so withheld by the OWNER for and on account of the CONSTRUCTION MANAGER to the employees to whom said amount is due. The CONSTRUCTION MANAGER further agrees that the amount to be withheld pursuant to this paragraph may be in addition to the percentages to be retained by the OWNER pursuant to other provisions of this Contract.
F. Pursuant to subdivision 3 of section 220 and section 220-d of the Labor Law this Contract may be forfeited and no sum paid for any work done thereunder on a second conviction for willfully paying less than:
1) the stipulated wage scale as set forth in Labor Law; Section 220, subdivision 3, as amended, or or
2) less than the stipulated minimum hourly wage scale as specified in Labor Law, Section 220-d, as amended.
G. The CONSTRUCTION MANAGER specifically agrees, as required by the Labor Law, Section 220-e, as amended, that:
1) in the hiring of employees for the performance of work under this Contract or any subcontract hereunder, or for the manufacture, sale, or distribution of materials, equipment, or supplies hereunder, but limited to operation performed within the territorial limits of the State of New York, no CONSTRUCTION MANAGER, nor any person acting on behalf of said CONSTRUCTION MANAGER or Subconsultant, shall by reason of race, creed, color, sex, or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates;
2) no CONSTRUCTION MANAGER, nor any person on behalf of said CONSTRUCTION MANAGER or Subconsultant shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under this Contract on account of race, creed, color, sex, or national origin;
3) there may be deducted from the amount payable to the CONSTRUCTION MANAGER, by the OWNER under this Contract, a penalty of Fifty and 00/100 Dollars ($50.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the terms of this Contract; and
4) this Contract may be canceled or terminated by the OWNER and all money due or to become due hereunder may be forfeited for a second or any subsequent violation of the terms or conditions of this section of this Contract.
H. The CONSTRUCTION MANAGER specifically agrees to certify its payrolls and keep these certified records on site and available, and provide copies to the OWNER upon request.
Appears in 1 contract
Samples: Construction Management Agreement
LABOR LAW PROVISIONS. A. It is hereby agreed that all applicable provisions of the Labor Law of the State of New York shall be carried out in performance of the Work.
B. 13.1 The CONSTRUCTION MANAGER Professional specifically agrees, as required by Labor Law, Sections 220 and 220-d as amended, that:
1(i) no laborer, workmen, or mechanic, in the employ of the CONSTRUCTION MANAGERProfessional, Subconsultant, or other person doing or contracting to do the whole or any part of the work contemplated by this Term Contract for Professional Services shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week, except in the emergencies set forth in the Labor Law;
2(ii) the wages paid for legal day's work shall be not less than the prevailing rate of wages as defined by law;
3(iii) the minimum hourly rate of wages to be paid shall be not less than that stated in this Term Contract for Professional Services and shall be designated by the Commissioner of Labor of the State of New York; and
4(iv) the CONSTRUCTION MANAGER Professional and every Subconsultant shall post in a prominent and accessible place on the Site, a legible statement of all minimum wage rates and supplements to be paid or provided for the various classes of laborers and mechanics to be engaged in the Work and all deductions, if any, required by law to be made from unpaid wages actually earned by the laborers and mechanics so engaged.
C. 13.2 The minimum wage rates, if any, herein specified for apprentices shall apply only to persons working with the tools of the trade that said persons are learning under the direct supervision of journeyman mechanics. Except as otherwise required by law, the number of apprentices in each trade or occupation employed by the CONSTRUCTION MANAGER Professional or any Subconsultant shall not exceed the number submitted by the applicable standards of the New York State Department of Labor, or, in the absence of said standards, the number permitted under the usual practice prevailing between the unions and the employer's association of the respective trades or occupations.
D. 13.3 All employees of the CONSTRUCTION MANAGER Professional and each Subconsultant shall be paid in accordance with the provisions of the Labor Law. Certified payroll copies shall be provided to the OWNER Owner upon request.
E. 13.4 The CONSTRUCTION MANAGER Professional agrees that, in case of underpayment of wages to any worker engaged in the Work by the CONSTRUCTION MANAGER Professional or any Subconsultant, the OWNER Owner shall withhold from the CONSTRUCTION MANAGERProfessional, out of payments due, an amount sufficient to pay said worker the difference between the wages required to be paid under this Term Contract for Professional Services and rates actually paid said worker for the total number of hours worked and that the OWNER Owner may disburse said amount so withheld by the OWNER Owner for and on account of the CONSTRUCTION MANAGER Professional to the employees to whom said amount is due. The CONSTRUCTION MANAGER Professional further agrees that the amount to be withheld pursuant to this paragraph may be in addition to the percentages to be retained by the OWNER Owner pursuant to other provisions of this ContractTerm Contract for Professional Services.
F. 13.5 Pursuant to subdivision 3 of section 220 and section 220-d of the Labor Law this Term Contract For Professional Services may be forfeited and no sum paid for any work done thereunder on a second conviction for willfully paying less than:
1(i) the stipulated wage scale as set forth in Labor Law; Section 220, subdivision 3, as amended, or 2or
(ii) less than the stipulated minimum hourly wage scale as specified in Labor Law, Section 220-d, as amended.
G. 13.6 The CONSTRUCTION MANAGER Professional specifically agrees, as required by the Labor Law, Section 220-e, as amended, that:
1(i) in the hiring of employees for the performance of work under this Term Contract for Professional Services or any subcontract hereunder, or for the manufacture, sale, or distribution of materials, equipment, or supplies hereunder, but limited to operation performed within the territorial limits of the State of New York, no CONSTRUCTION MANAGERProfessional, nor any person acting on behalf of said CONSTRUCTION MANAGER Professional or Subconsultant, shall by reason of race, creed, color, sex, or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates;
2(ii) no CONSTRUCTION MANAGERProfessional, nor any person on behalf of said CONSTRUCTION MANAGER Professional or Subconsultant shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under this Term Contract for Professional Services on account of race, creed, color, sex, or national origin;
3(iii) there may be deducted from the amount payable to the CONSTRUCTION MANAGERProfessional, by the OWNER Owner under this ContractTerm Contract for Professional Services, a penalty of Fifty and 00/100 Dollars ($50.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the terms of this ContractTerm Contract for Professional Services; and
4(iv) this Term Contract for Professional Services may be canceled or terminated by the OWNER Owner and all money due or to become due hereunder may be forfeited for a second or any subsequent violation of the terms or conditions of this section of this ContractTerm Contract for Professional Services.
H. 13.7 The CONSTRUCTION MANAGER Professional specifically agrees to certify its payrolls and keep these certified records on site and available, and provide copies to the OWNER Owner upon request.
Appears in 1 contract
Samples: Professional Services
LABOR LAW PROVISIONS. A. It is hereby agreed that all applicable provisions of (a) When applicable, the Labor Law of the State of New York Contractor shall be carried out in performance of the Work.
B. The CONSTRUCTION MANAGER specifically agrees, as required by Labor Law, Sections 220 and 220-d as amended, that:
1) no laborer, workmen, or mechanicpost, in the employ of the CONSTRUCTION MANAGER, Subconsultant, or other person doing or contracting to do the whole or any part of the work contemplated by this Contract shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week, except in the emergencies set forth in the Labor Law;
2) the wages paid for legal day's work shall be not less than the prevailing rate of wages as defined by law;
3) the minimum hourly rate of wages to be paid shall be not less than that stated in this Contract and shall be a location designated by the Commissioner of Labor of the State of New York; and
4) the CONSTRUCTION MANAGER and every Subconsultant shall post in a prominent and accessible place on the SiteDepartment, a legible statement of all minimum wage rates and supplements to be paid or provided for the various classes of laborers and mechanics to be engaged in the Work and all deductions, if any, required by law to be made from unpaid wages actually earned by the laborers and mechanics so engaged.
C. The minimum wage rates, if any, herein specified for apprentices shall apply only to persons working with the tools of the trade that said persons are learning under the direct supervision of journeyman mechanics. Except as otherwise required by law, the number of apprentices in each trade or occupation employed by the CONSTRUCTION MANAGER or any Subconsultant shall not exceed the number submitted by the applicable standards copy of the New York State Department of LaborLabor schedules of prevailing wages and supplements for this project, ora App. B 4/17/00 copy of all re-determinations of such schedules for the project, the Workers' Compensation Law Section 51 notice, all other notices required by law to be posted at the site, the Department of Labor notice that this project is a public work project on which each worker is entitled to receive the prevailing wages and supplements for their occupation, and all other notices which the Department directs the Contractor to post. The Contractor shall provide a surface for such notices which is satisfactory to the Department. The Contractor shall maintain such notices in a legible manner and shall replace any notice or schedule which is damaged, defaced, illegible or removed for any reason. Contractor shall post such notices before commencing any work on the site and shall maintain such notices until all work on the site is complete.
(b) When appropriate, contractor shall distribute to each worker for this Contract a notice, in a form provided by the absence of said standardsDepartment, that this project is a public work project on which each worker is entitled to receive the number permitted under prevailing wage and supplements for the usual practice prevailing between the unions and the employer's association of the respective trades occupation at which he or occupations.
D. All she is working. Worker includes employees of Contractor and all Subcontractors and all employees of suppliers entering the CONSTRUCTION MANAGER and each Subconsultant site. Such notice shall be paid distributed to each worker before they start performing any work of this contract. At the time of distribution, Contractor shall have each worker sign a statement, in accordance a form provided by the Department, certifying that the worker has received the notice required by this section, which signed statement shall be maintained with the provisions of the Labor Law. Certified payroll copies shall be provided to the OWNER upon request.
E. The CONSTRUCTION MANAGER agrees that, in case of underpayment of wages to any worker engaged in the Work by the CONSTRUCTION MANAGER or any Subconsultant, the OWNER shall withhold from the CONSTRUCTION MANAGER, out of payments due, an amount sufficient to pay said worker the difference between the wages required to be paid under this Contract and rates actually paid said worker for the total number of hours worked and that the OWNER may disburse said amount so withheld by the OWNER for and on account of the CONSTRUCTION MANAGER to the employees to whom said amount is due. The CONSTRUCTION MANAGER further agrees that the amount to be withheld pursuant to this paragraph may be in addition to the percentages to be retained by the OWNER pursuant to other provisions of this Contract.
F. Pursuant to subdivision 3 of section 220 and section 220-d of the Labor Law this Contract may be forfeited and no sum paid for any work done thereunder on a second conviction for willfully paying less than:
1) the stipulated wage scale as set forth in Labor Law; Section 220, subdivision 3, as amended, or 2) less than the stipulated minimum hourly wage scale as specified in Labor Law, Section 220-d, as amended.
G. The CONSTRUCTION MANAGER specifically agrees, as records required by the following paragraph (c).
(c) Contractor shall maintain on the site the original certified payrolls or certified transcripts thereof which Contractor and all of its Subcontractors are required to maintain pursuant to the New York Labor Law, Law Section 220-e. Contractor shall maintain with the payrolls or transcripts thereof, as amended, that:the statements signed by each worker pursuant to paragraph (b).
1(d) in the hiring Within thirty days of employees for the performance of work under this Contract or any subcontract hereunder, or for the manufacture, sale, or distribution of materials, equipment, or supplies hereunder, but limited to operation performed within the territorial limits issuance of the State of New Yorkfirst payroll, no CONSTRUCTION MANAGERand every thirty days thereafter, nor any person acting on behalf of said CONSTRUCTION MANAGER or Subconsultant, shall by reason of race, creed, color, sex, or national origin discriminate against any citizen the Contractor and every subcontractor must submit a transcript of the State of New York who is qualified and available to perform the work to which the employment relates;
2) no CONSTRUCTION MANAGER, nor any person on behalf of said CONSTRUCTION MANAGER or Subconsultant shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under this Contract on account of race, creed, color, sex, or national origin;
3) there may be deducted from the amount payable original payroll to the CONSTRUCTION MANAGERDepartment, by the OWNER which transcript must be subscribed and affirmed as true under this Contract, a penalty of Fifty and 00/100 Dollars ($50.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the terms of this Contract; and
4) this Contract may be canceled or terminated by the OWNER and all money due or to become due hereunder may be forfeited for a second or any subsequent violation of the terms or conditions of this section of this Contractperjury.
H. The CONSTRUCTION MANAGER specifically agrees to certify its payrolls and keep these certified records on site and available, and provide copies to the OWNER upon request.
Appears in 1 contract
Samples: Contract for State Assistance for Water Quality Management
LABOR LAW PROVISIONS. A. It is hereby agreed that all applicable provisions of the Labor Law of the State of New York shall be carried out in performance of the Work.
B. The CONSTRUCTION MANAGER CONSULTANT specifically agrees, as required by Labor Law, Sections 220 and 220-d as amended, that:
1) no laborer, workmen, or mechanic, in the employ of the CONSTRUCTION MANAGERCONSULTANT, Subconsultantsubconsultant, or other person doing or contracting to do the whole or any part of the work contemplated by this Contract shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week, except in the emergencies set forth in the Labor Law;
2) the wages paid for legal day's work shall be not less than the prevailing rate of wages as defined by law;
3) the minimum hourly rate of wages to be paid shall be not less than that stated in this Contract and shall be designated by the Commissioner of Labor of the State of New York; and
4) the CONSTRUCTION MANAGER CONSULTANT and every Subconsultant subconsultant shall post in a prominent and accessible place on the Site, a legible statement of all minimum wage rates and supplements to be paid or provided for the various classes of laborers and mechanics to be engaged in the Work and all deductions, if any, required by law to be made from unpaid wages actually earned by the laborers and mechanics so engaged.
C. The minimum wage rates, if any, herein specified for apprentices shall apply only to persons working with the tools of the trade that said persons are learning under the direct supervision of journeyman mechanics. Except as otherwise required by law, the number of apprentices in each trade or occupation employed by the CONSTRUCTION MANAGER CONSULTANT or any Subconsultant subconsultant shall not exceed the number submitted by the applicable standards of the New York State Department of Labor, or, in the absence of said standards, the number permitted under the usual practice prevailing between the unions and the employer's association of the respective trades or occupations.
D. All employees of the CONSTRUCTION MANAGER CONSULTANT and each Subconsultant subconsultant shall be paid in accordance with the provisions of the Labor Law. Certified payroll copies shall be provided to the OWNER DASNY upon request.
E. The CONSTRUCTION MANAGER CONSULTANT agrees that, in case of underpayment of wages to any worker engaged in the Work by the CONSTRUCTION MANAGER CONSULTANT or any Subconsultantsubconsultant, the OWNER DASNY shall withhold from the CONSTRUCTION MANAGERCONSULTANT, out of payments due, an amount sufficient to pay said worker the difference between the wages required to be paid under this Contract and rates actually paid said worker for the total number of hours worked and that the OWNER DASNY may disburse said amount so withheld by the OWNER XXXXX for and on account of the CONSTRUCTION MANAGER CONSULTANT to the employees to whom said amount is due. The CONSTRUCTION MANAGER CONSULTANT further agrees that the amount to be withheld pursuant to this paragraph may be in addition to the percentages to be retained by the OWNER DASNY pursuant to other provisions of this Contract.
F. Pursuant to subdivision 3 of section 220 and section 220-d of the Labor Law this Contract may be forfeited and no sum paid for any work done thereunder there under on a second conviction for willfully paying less than:
1) the stipulated wage scale as set forth in Labor Law; Section 220, subdivision 3, as amended, or 2) less than the stipulated minimum hourly wage scale as specified in Labor Law, Section 220-d, as amended.
G. The CONSTRUCTION MANAGER CONSULTANT specifically agrees, as required by the Labor Law, Section 220-e, as amended, that:
1) in the hiring of employees for the performance of work under this Contract or any subcontract hereunder, or for the manufacture, sale, or distribution of materials, equipment, or supplies hereunder, but limited to operation performed within the territorial limits of the State of New York, no CONSTRUCTION MANAGERCONSULTANT, nor any person acting on behalf of said CONSTRUCTION MANAGER CONSULTANT or Subconsultantsubconsultant, shall by reason of race, creed, color, sex, or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates;
2) no CONSTRUCTION MANAGERconsultant, nor any person on behalf of said CONSTRUCTION MANAGER CONSULTANT or Subconsultant subconsultant shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under this Contract on account of race, creed, color, sex, or national origin;
3) there may be deducted from the amount payable to the CONSTRUCTION MANAGERCONSULTANT, by the OWNER XXXXX under this Contract, a penalty of Fifty and 00/100 Dollars ($50.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the terms of this Contract; and
4) this Contract may be canceled or terminated by the OWNER and all money due or to become due hereunder may be forfeited for a second or any subsequent violation of the terms or conditions of this section of this Contract.
H. The CONSTRUCTION MANAGER specifically agrees to certify its payrolls and keep these certified records on site and available, and provide copies to the OWNER upon request.
Appears in 1 contract
Samples: Consulting Agreement
LABOR LAW PROVISIONS. A. It is hereby agreed that all applicable provisions of the Labor Law of the State of New York shall be carried out in performance of the Work.
B. 13.1. The CONSTRUCTION MANAGER Professional specifically agrees, as required by Labor Law, Sections 220 and 220-d as amended, that:
1(i) no laborer, workmen, or mechanic, in the employ of the CONSTRUCTION MANAGERProfessional, Subconsultant, or other person doing or contracting to do the whole or any part of the work contemplated by this Contract For Professional Services shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week, except in the emergencies set forth in the Labor Law;
2(ii) the wages paid for legal day's work shall be not less than the prevailing rate of wages as defined by law;
3(iii) the minimum hourly rate of wages to be paid shall be not less than that stated in this Contract For Professional Services and shall be designated by the Commissioner of Labor of the State of New York; and
4(iv) the CONSTRUCTION MANAGER Professional and every Subconsultant shall post in a prominent and accessible place on the Site, a legible statement of all minimum wage rates and supplements to be paid or provided for the various classes of laborers and mechanics to be engaged in the Work and all deductions, if any, required by law to be made from unpaid wages actually earned by the laborers and mechanics so engaged.
C. 13.2. The minimum wage rates, if any, herein specified for apprentices shall apply only to persons working with the tools of the trade that said persons are learning under the direct supervision of journeyman mechanics. Except as otherwise required by law, the number of apprentices in each trade or occupation employed by the CONSTRUCTION MANAGER Professional or any Subconsultant shall not exceed the number submitted by the applicable standards of the New York State Department of Labor, or, in the absence of said standards, the number permitted under the usual practice prevailing between the unions and the employer's association of the respective trades or occupations.
D. 13.3. All employees of the CONSTRUCTION MANAGER Professional and each Subconsultant shall be paid in accordance with the provisions of the Labor Law. All payments shall be made in cash, except a payment may be made by check upon a certificate of the Commissioner of Labor of the State of New York. Certified payroll copies shall be provided to the OWNER Owner upon request.
E. 13.4. The CONSTRUCTION MANAGER Professional agrees that, in case of underpayment of wages to any worker engaged in the Work by the CONSTRUCTION MANAGER Professional or any Subconsultant, the OWNER Owner shall withhold from the CONSTRUCTION MANAGERProfessional, out of payments due, an amount sufficient to pay said worker the difference between the wages required to be paid under this Contract For Professional Services and rates actually paid said worker for the total number of hours worked and that the OWNER Owner may disburse said amount so withheld by the OWNER Owner for and on account of the CONSTRUCTION MANAGER Professional to the employees to whom said amount is due. The CONSTRUCTION MANAGER Professional further agrees that the amount to be withheld pursuant to this paragraph may be in addition to the percentages to be retained by the OWNER Owner pursuant to other provisions of this ContractContract for Professional Services.
F. 13.5. Pursuant to subdivision 3 of section 220 and section 220-d of the Labor Law this Contract For Professional Services may be forfeited and no sum paid for any work done thereunder on a second conviction for willfully paying less than:
1(i) the stipulated wage scale as set forth in Labor Law; Section 220, subdivision 3, as amended, or 2or
(ii) less than the stipulated minimum hourly wage scale as specified in Labor Law, Section 220-d, as amended.
G. 13.6. The CONSTRUCTION MANAGER Professional specifically agrees, as required by the Labor Law, Section 220-e, as amended, that:
1(i) in the hiring of employees for the performance of work under this Contract For Professional Services or any subcontract hereunder, or for the manufacture, sale, or distribution of materials, equipment, or supplies hereunder, but limited to operation performed within the territorial limits of the State of New York, no CONSTRUCTION MANAGERProfessional, nor any person acting on behalf of said CONSTRUCTION MANAGER Professional or Subconsultant, shall by reason of race, creed, color, sex, or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates;
2(ii) no CONSTRUCTION MANAGERProfessional, nor any person on behalf of said CONSTRUCTION MANAGER Professional or Subconsultant shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under this Contract For Professional Services on account of race, creed, color, sex, or national origin;
3(iii) there may be deducted from the amount payable to the CONSTRUCTION MANAGERProfessional, by the OWNER Owner under this ContractContract For Professional Services, a penalty of Fifty and 00/100 Dollars ($50.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the terms of this ContractContract for Professional Services; and
4(iv) this Contract for Professional Services may be canceled or terminated by the OWNER Owner and all money due or to become due hereunder may be forfeited for a second or any subsequent violation of the terms or conditions of this section of this ContractContract for Professional Services.
H. 13.7. The CONSTRUCTION MANAGER Professional specifically agrees to certify its payrolls and keep these certified records on site and available, and provide copies to the OWNER Owner upon request.
Appears in 1 contract
Samples: Contract for Professional Services
LABOR LAW PROVISIONS. A. It is hereby agreed that all applicable provisions of the Labor Law of the State of New York shall be carried out in performance of the Work.
B. The CONSTRUCTION MANAGER CONSULTANT specifically agrees, as required by Labor Law, Sections 220 and 220-d as amended, that:
1) no laborer, workmen, or mechanic, in the employ of the CONSTRUCTION MANAGERCONSULTANT, Subconsultantsubconsultant, or other person doing or contracting to do the whole or any part of the work contemplated by this Contract shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week, except in the emergencies set forth in the Labor Law;
2) the wages paid for legal day's work shall be not less than the prevailing rate of wages as defined by law;
3) the minimum hourly rate of wages to be paid shall be not less than that stated in this Contract and shall be designated by the Commissioner of Labor of the State of New York; and
4) the CONSTRUCTION MANAGER CONSULTANT and every Subconsultant subconsultant shall post in a prominent and accessible place on the Site, a legible statement of all minimum wage rates and supplements to be paid or provided for the various classes of laborers and mechanics to be engaged in the Work and all deductions, if any, required by law to be made from unpaid wages actually earned by the laborers and mechanics so engaged.
C. The minimum wage rates, if any, herein specified for apprentices shall apply only to persons working with the tools of the trade that said persons are learning under the direct supervision of journeyman mechanics. Except as otherwise required by law, the number of apprentices in each trade or occupation employed by the CONSTRUCTION MANAGER CONSULTANT or any Subconsultant subconsultant shall not exceed the number submitted by the applicable standards of the New York State Department of Labor, or, in the absence of said standards, the number permitted under the usual practice prevailing between the unions and the employer's association of the respective trades or occupations.
D. All employees of the CONSTRUCTION MANAGER CONSULTANT and each Subconsultant subconsultant shall be paid in accordance with the provisions of the Labor Law. Certified payroll copies shall be provided to the OWNER upon request.
E. The CONSTRUCTION MANAGER CONSULTANT agrees that, in case of underpayment of wages to any worker engaged in the Work by the CONSTRUCTION MANAGER CONSULTANT or any Subconsultantsubconsultant, the OWNER shall withhold from the CONSTRUCTION MANAGERCONSULTANT, out of payments due, an amount sufficient to pay said worker the difference between the wages required to be paid under this Contract and rates actually paid said worker for the total number of hours worked and that the OWNER may disburse said amount so withheld by the OWNER for and on account of the CONSTRUCTION MANAGER CONSULTANT to the employees to whom said amount is due. The CONSTRUCTION MANAGER CONSULTANT further agrees that the amount to be withheld pursuant to this paragraph may be in addition to the percentages to be retained by the OWNER pursuant to other provisions of this Contract.
F. Pursuant to subdivision 3 of section 220 and section 220-d of the Labor Law this Contract may be forfeited and no sum paid for any work done thereunder on a second conviction for willfully paying less than:
1) the stipulated wage scale as set forth in Labor Law; Section 220, subdivision 3, as amended, or 2) less than the stipulated minimum hourly wage scale as specified in Labor Law, Section 220-d, as amended.
G. The CONSTRUCTION MANAGER CONSULTANT specifically agrees, as required by the Labor Law, Section 220-e, as amended, that:
1) in the hiring of employees for the performance of work under this Contract or any subcontract hereunder, or for the manufacture, sale, or distribution of materials, equipment, or supplies hereunder, but limited to operation performed within the territorial limits of the State of New York, no CONSTRUCTION MANAGERconsultant, nor any person acting on behalf of said CONSTRUCTION MANAGER CONSULTANT or Subconsultantsubconsultant, shall by reason of race, creed, color, sex, or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates;
2) no CONSTRUCTION MANAGERconsultant, nor any person on behalf of said CONSTRUCTION MANAGER CONSULTANT or Subconsultant subconsultant shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under this Contract on account of race, creed, color, sex, or national origin;
3) there may be deducted from the amount payable to the CONSTRUCTION MANAGERCONSULTANT, by the OWNER under this Contract, a penalty of Fifty and 00/100 Dollars ($50.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the terms of this Contract; and
4) this Contract may be canceled or terminated by the OWNER and all money due or to become due hereunder may be forfeited for a second or any subsequent violation of the terms or conditions of this section of this Contract.
H. The CONSTRUCTION MANAGER CONSULTANT specifically agrees to certify its payrolls and keep these certified records on site and available, and provide copies to the OWNER upon request.
Appears in 1 contract
LABOR LAW PROVISIONS. A. It is hereby agreed that all applicable provisions of the Labor Law of the State of New York shall be carried out in performance of the Work.
B. The CONSTRUCTION MANAGER BROKER specifically agrees, as required by Labor Law, Sections 220 and 220-d as amended, that:
1) no laborer, workmen, or mechanic, in the employ of the CONSTRUCTION MANAGERBROKER, SubconsultantSub-Broker, or other person doing or contracting to do the whole or any part of the work contemplated by this Contract shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week, except in the emergencies set forth in the Labor Law;
2) the wages paid for legal day's work shall be not less than the prevailing rate of wages as defined by law;
3) the minimum hourly rate of wages to be paid shall be not less than that stated in this Contract and shall be designated by the Commissioner of Labor of the State of New York; and
4) the CONSTRUCTION MANAGER BROKER and every Subconsultant Sub-Broker shall post in a prominent and accessible place on the Site, a legible statement of all minimum wage rates and supplements to be paid or provided for the various classes of laborers and mechanics to be engaged in the Work and all deductions, if any, required by law to be made from unpaid wages actually earned by the laborers and mechanics so engaged.
C. The minimum wage rates, if any, herein specified for apprentices shall apply only to persons working with the tools of the trade that said persons are learning under the direct supervision of journeyman mechanics. Except as otherwise required by law, the number of apprentices in each trade or occupation employed by the CONSTRUCTION MANAGER BROKER or any Subconsultant Sub-Broker shall not exceed the number submitted by the applicable standards of the New York State Department of Labor, or, in the absence of said standards, the number permitted under the usual practice prevailing between the unions and the employer's association of the respective trades or occupations.
D. All employees of the CONSTRUCTION MANAGER BROKER and each Subconsultant Sub-Broker shall be paid in accordance with the provisions of the Labor Law. Certified payroll copies shall be provided to the OWNER DASNY upon request.
E. The CONSTRUCTION MANAGER BROKER agrees that, in case of underpayment of wages to any worker engaged in the Work by the CONSTRUCTION MANAGER BROKER or any SubconsultantSub-Broker, the OWNER XXXXX shall withhold from the CONSTRUCTION MANAGERBROKER, out of payments due, an amount sufficient to pay said worker the difference between the wages required to be paid under this Contract and rates actually paid said worker for the total number of hours worked and that the OWNER XXXXX may disburse said amount so withheld by the OWNER XXXXX for and on account of the CONSTRUCTION MANAGER BROKER to the employees to whom said amount is due. The CONSTRUCTION MANAGER BROKER further agrees that the amount to be withheld pursuant to this paragraph may be in addition to the percentages to be retained by the OWNER DASNY pursuant to other provisions of this Contract.
F. Pursuant to subdivision 3 of section 220 and section 220-d of the Labor Law this Contract may be forfeited and no sum paid for any work done thereunder on a second conviction for willfully paying less than:
1) the stipulated wage scale as set forth in Labor Law; Section 220, subdivision 3, as amended, or 2) less than the stipulated minimum hourly wage scale as specified in Labor Law, Section 220-d, as amended.
G. The CONSTRUCTION MANAGER BROKER specifically agrees, as required by the Labor Law, Section 220-e, as amended, that:
1) in the hiring of employees for the performance of work under this Contract or any subcontract hereunder, or for the manufacture, sale, or distribution of materials, equipment, or supplies hereunder, but limited to operation performed within the territorial limits of the State of New York, no CONSTRUCTION MANAGERBROKER, nor any person acting on behalf of said CONSTRUCTION MANAGER BROKER or SubconsultantSub-Broker, shall by reason of race, creed, color, sex, or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates;
2) no CONSTRUCTION MANAGERBROKER, nor any person on behalf of said CONSTRUCTION MANAGER BROKER or Subconsultant Sub-Broker shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under this Contract on account of race, creed, color, sex, or national origin;
3) there may be deducted from the amount payable to the CONSTRUCTION MANAGERBROKER, by the OWNER DASNY under this Contract, a penalty of Fifty and 00/100 Dollars ($50.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the terms of this Contract; and
4) this Contract may be canceled or terminated by the OWNER and all money due or to become due hereunder may be forfeited for a second or any subsequent violation of the terms or conditions of this section of this Contract.
H. The CONSTRUCTION MANAGER specifically agrees to certify its payrolls and keep these certified records on site and available, and provide copies to the OWNER upon request.
Appears in 1 contract
Samples: Commercial General and Excess Liability Insurance Broker Services
LABOR LAW PROVISIONS. A. It is hereby agreed that all applicable provisions of the Labor Law of the State of New York shall be carried out in performance of the Work.
B. 13.1 The CONSTRUCTION MANAGER Professional specifically agrees, as required by Labor Law, Sections 220 and 220-d as amended, that:
1(i) no laborer, workmen, or mechanic, in the employ of the CONSTRUCTION MANAGERProfessional, Subconsultant, or other person doing or contracting to do the whole or any part of the work contemplated by this Term Contract For Professional Services shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week, except in the emergencies set forth in the Labor Law;
2(ii) the wages paid for legal day's work shall be not less than the prevailing rate of wages as defined by law;
3(iii) the minimum hourly rate of wages to be paid shall be not less than that stated in this Term Contract For Professional Services and shall be designated by the Commissioner of Labor of the State of New York; and
4(iv) the CONSTRUCTION MANAGER Professional and every Subconsultant shall post in a prominent and accessible place on the Site, a legible statement of all minimum wage rates and supplements to be paid or provided for the various classes of laborers and mechanics to be engaged in the Work and all deductions, if any, required by law to be made from unpaid wages actually earned by the laborers and mechanics so engaged.
C. 13.2 The minimum wage rates, if any, herein specified for apprentices shall apply only to persons working with the tools of the trade that said persons are learning under the direct supervision of journeyman mechanics. Except as otherwise required by law, the number of apprentices in each trade or occupation employed by the CONSTRUCTION MANAGER Professional or any Subconsultant shall not exceed the number submitted by the applicable standards of the New York State Department of Labor, or, in the absence of said standards, the number permitted under the usual practice prevailing between the unions and the employer's association of the respective trades or occupations.
D. 13.3 All employees of the CONSTRUCTION MANAGER Professional and each Subconsultant shall be paid in accordance with the provisions of the Labor Law. Certified payroll copies shall be provided to the OWNER Owner upon request.
E. 13.4 The CONSTRUCTION MANAGER Professional agrees that, in case of underpayment of wages to any worker engaged in the Work by the CONSTRUCTION MANAGER Professional or any Subconsultant, the OWNER Owner shall withhold from the CONSTRUCTION MANAGERProfessional, out of payments due, an amount sufficient to pay said worker the difference between the wages required to be paid under this Term Contract For Professional Services and rates actually paid said worker for the total number of hours worked and that the OWNER Owner may disburse said amount so withheld by the OWNER Owner for and on account of the CONSTRUCTION MANAGER Professional to the employees to whom said amount is due. The CONSTRUCTION MANAGER Professional further agrees that the amount to be withheld pursuant to this paragraph may be in addition to the percentages to be retained by the OWNER Owner pursuant to other provisions of this ContractTerm Contract for Professional Services.
F. 13.5 Pursuant to subdivision 3 of section 220 and section 220-d of the Labor Law this Term Contract For Professional Services may be forfeited and no sum paid for any work done thereunder on a second conviction for willfully paying less than:
1(i) the stipulated wage scale as set forth in Labor Law; Section 220, subdivision 3, as amended, or 2or
(ii) less than the stipulated minimum hourly wage scale as specified in Labor Law, Section 220-d, as amended.
G. 13.6 The CONSTRUCTION MANAGER Professional specifically agrees, as required by the Labor Law, Section 220-e, as amended, that:
1(i) in the hiring of employees for the performance of work under this Term Contract for Professional Services or any subcontract hereunder, or for the manufacture, sale, or distribution of materials, equipment, or supplies hereunder, but limited to operation performed within the territorial limits of the State of New York, no CONSTRUCTION MANAGERProfessional, nor any person acting on behalf of said CONSTRUCTION MANAGER Professional or Subconsultant, shall by reason of race, creed, color, sex, or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates;
2(ii) no CONSTRUCTION MANAGERProfessional, nor any person on behalf of said CONSTRUCTION MANAGER Professional or Subconsultant shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under this Term Contract for Professional Services on account of race, creed, color, sex, or national origin;
3(iii) there may be deducted from the amount payable to the CONSTRUCTION MANAGERProfessional, by the OWNER Owner under this ContractTerm Contract for Professional Services, a penalty of Fifty and 00/100 Dollars ($50.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the terms of this ContractTerm Contract for Professional Services; and
4(iv) this Term Contract for Professional Services may be canceled or terminated by the OWNER Owner and all money due or to become due hereunder may be forfeited for a second or any subsequent violation of the terms or conditions of this section of this ContractTerm Contract for Professional Services.
H. 13.7 The CONSTRUCTION MANAGER Professional specifically agrees to certify its payrolls and keep these certified records on site and available, and provide copies to the OWNER Owner upon request.
Appears in 1 contract
Samples: Professional Services
LABOR LAW PROVISIONS. A. It is hereby agreed that all applicable provisions of the Labor Law of the State of New York shall be carried out in performance of the WorkProject.
B. The CONSTRUCTION MANAGER CONSULTANT specifically agrees, as required by Labor Law, Sections 220 and 220-d as amended, that:
1) no laborer, workmen, or mechanic, in the employ of the CONSTRUCTION MANAGERCONSULTANT, Subconsultant, or other person doing or contracting to do the whole or any part of the work contemplated by this Contract shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week, except in the emergencies set forth in the Labor Law;
2) the wages paid for legal day's work shall be not less than the prevailing rate of wages as defined by law;
3) the minimum hourly rate of wages to be paid shall be not less than that stated in this Contract and shall be designated by the Commissioner of Labor of the State of New York; and
4) the CONSTRUCTION MANAGER CONSULTANT and every Subconsultant shall post in a prominent and accessible place on the Site, a legible statement of all minimum wage rates and supplements to be paid or provided for the various classes of laborers and mechanics to be engaged in the Work Project and all deductions, if any, required by law to be made from unpaid wages actually earned by the laborers and mechanics so engaged.
C. The minimum wage rates, if any, herein specified for apprentices shall apply only to persons working with the tools of the trade that said persons are learning under the direct supervision of journeyman mechanics. Except as otherwise required by law, the number of apprentices in each trade or occupation employed by the CONSTRUCTION MANAGER CONSULTANT or any Subconsultant shall not exceed the number submitted by the applicable standards of the New York State Department of Labor, or, in the absence of said standards, the number permitted under the usual practice prevailing between the unions and the employer's association of the respective trades or occupations.
D. All employees of the CONSTRUCTION MANAGER CONSULTANT and each Subconsultant shall be paid in accordance with the provisions of the Labor Law. Certified payroll copies shall be provided to the OWNER upon request.
E. The CONSTRUCTION MANAGER agrees that, in case of underpayment of wages to any worker engaged in the Work by the CONSTRUCTION MANAGER or any Subconsultant, the OWNER shall withhold from the CONSTRUCTION MANAGER, out of payments due, an amount sufficient to pay said worker the difference between the wages required to be paid under this Contract and rates actually paid said worker for the total number of hours worked and that the OWNER may disburse said amount so withheld by the OWNER for and on account of the CONSTRUCTION MANAGER to the employees to whom said amount is due. The CONSTRUCTION MANAGER further agrees that the amount to be withheld pursuant to this paragraph may be in addition to the percentages to be retained by the OWNER pursuant to other provisions of this Contract.
F. Pursuant to subdivision 3 of section 220 and section 220-d of the Labor Law this Contract may be forfeited and no sum paid for any work done thereunder on a second conviction for willfully paying less than:
1) the stipulated wage scale as set forth in Labor Law; Section 220, subdivision 3, as amended, or 2) less than the stipulated minimum hourly wage scale as specified in Labor Law, Section 220-d, as amended.
G. The CONSTRUCTION MANAGER specifically agrees, as required by the Labor Law, Section 220-e, as amended, that:
1) in the hiring of employees for the performance of work under this Contract or any subcontract hereunder, or for the manufacture, sale, or distribution of materials, equipment, or supplies hereunder, but limited to operation performed within the territorial limits of the State of New York, no CONSTRUCTION MANAGER, nor any person acting on behalf of said CONSTRUCTION MANAGER or Subconsultant, shall by reason of race, creed, color, sex, or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates;
2) no CONSTRUCTION MANAGER, nor any person on behalf of said CONSTRUCTION MANAGER or Subconsultant shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under this Contract on account of race, creed, color, sex, or national origin;
3) there may be deducted from the amount payable to the CONSTRUCTION MANAGER, by the OWNER under this Contract, a penalty of Fifty and 00/100 Dollars ($50.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the terms of this Contract; and
4) this Contract may be canceled or terminated by the OWNER and all money due or to become due hereunder may be forfeited for a second or any subsequent violation of the terms or conditions of this section of this Contract.
H. The CONSTRUCTION MANAGER specifically agrees to certify its payrolls and keep these certified records on site and available, and provide copies to the OWNER upon request.
Appears in 1 contract
Samples: Consulting Agreement
LABOR LAW PROVISIONS. A. It is hereby agreed that all applicable provisions of the Labor Law of the State of New York shall be carried out in performance of the Work.
B. The CONSTRUCTION MANAGER CONSULTANT specifically agrees, as required by Labor Law, Sections 220 and 220-d as amended, that:
1) no laborer, workmen, or mechanic, in the employ of the CONSTRUCTION MANAGERCONSULTANT, Subconsultantsubconsultant, or other person doing or contracting to do the whole or any part of the work contemplated by this Contract shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week, except in the emergencies set forth in the Labor Law;
2) the wages paid for legal day's work shall be not less than the prevailing rate of wages as defined by law;
3) the minimum hourly rate of wages to be paid shall be not less than that stated in this Contract and shall be designated by the Commissioner of Labor of the State of New York; and
4) the CONSTRUCTION MANAGER CONSULTANT and every Subconsultant subconsultant shall post in a prominent and accessible place on the Sitesite, a legible statement of all minimum wage rates and supplements to be paid or provided for the various classes of laborers and mechanics to be engaged in the Work and all deductions, if any, required by law to be made from unpaid wages actually earned by the laborers and mechanics so engaged.
C. The minimum wage rates, if any, herein specified for apprentices shall apply only to persons working with the tools of the trade that said persons are learning under the direct supervision of journeyman mechanics. Except as otherwise required by law, the number of apprentices in each trade or occupation employed by the CONSTRUCTION MANAGER CONSULTANT or any Subconsultant subconsultant shall not exceed the number submitted by the applicable standards of the New York State Department of Labor, or, in the absence of said standards, the number permitted under the usual practice prevailing between the unions and the employer's association of the respective trades or occupations.
D. All employees of the CONSTRUCTION MANAGER CONSULTANT and each Subconsultant subconsultant shall be paid in accordance with the provisions of the Labor Law. Certified payroll copies shall be provided to the OWNER upon request.
E. The CONSTRUCTION MANAGER CONSULTANT agrees that, in case of underpayment of wages to any worker engaged in the Work by the CONSTRUCTION MANAGER CONSULTANT or any Subconsultantsubconsultant, the OWNER shall withhold from the CONSTRUCTION MANAGERCONSULTANT, out of payments due, an amount sufficient to pay said worker the difference between the wages required to be paid under this Contract and rates actually paid said worker for the total number of hours worked and that the OWNER may disburse said amount so withheld by the OWNER for and on account of the CONSTRUCTION MANAGER CONSULTANT to the employees to whom said amount is due. The CONSTRUCTION MANAGER CONSULTANT further agrees that the amount to be withheld pursuant to this paragraph may be in addition to the percentages to be retained by the OWNER pursuant to other provisions of this Contract.
F. Pursuant to subdivision 3 of section 220 and section 220-d of the Labor Law this Contract may be forfeited and no sum paid for any work done thereunder on a second conviction for willfully paying less than:
1) the stipulated wage scale as set forth in Labor Law; Section 220, subdivision 3, as amended, or or
2) less than the stipulated minimum hourly wage scale as specified in Labor Law, Section 220-220- d, as amended.
G. The CONSTRUCTION MANAGER CONSULTANT specifically agrees, as required by the Labor Law, Section 220-e, as amended, that:
1) in the hiring of employees for the performance of work under this Contract or any subcontract hereunder, or for the manufacture, sale, or distribution of materials, equipment, or supplies hereunder, but limited to operation performed within the territorial limits of the State of New York, no CONSTRUCTION MANAGERCONSULTANT, nor any person acting on behalf of said CONSTRUCTION MANAGER CONSULTANT or Subconsultantsubconsultant, shall by reason of race, creed, color, sex, or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates;
2) no CONSTRUCTION MANAGERCONSULTANT, nor any person on behalf of said CONSTRUCTION MANAGER CONSULTANT or Subconsultant subconsultant shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under this Contract on account of race, creed, color, sex, or national origin;
3) there may be deducted from the amount payable to the CONSTRUCTION MANAGERCONSULTANT, by the OWNER under this Contract, a penalty of Fifty and 00/100 Dollars ($50.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the terms of this Contract; and
4) this Contract may be canceled or terminated by the OWNER and all money due or to become due hereunder may be forfeited for a second or any subsequent violation of the terms or conditions of this section of this Contract.
H. The CONSTRUCTION MANAGER CONSULTANT specifically agrees to certify its payrolls and keep these certified records on site and available, and provide copies to the OWNER upon request.
Appears in 1 contract
Samples: Consulting Agreement
LABOR LAW PROVISIONS. A. It is hereby agreed that all applicable provisions of the Labor Law of the State of New York shall be carried out in performance of the Work.
B. The CONSTRUCTION MANAGER CONSULTANT specifically agrees, as required by Labor Law, Sections 220 and 220-d as amended, that:
1) no laborer, workmen, or mechanic, in the employ of the CONSTRUCTION MANAGERCONSULTANT, Subconsultantsub-consultant, or other person doing or contracting to do the whole or any part of the work contemplated by this Contract shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week, except in the emergencies set forth in the Labor Law;
2) the wages paid for legal day's work shall be not less than the prevailing rate of wages as defined by law;
3) the minimum hourly rate of wages to be paid shall be not less than that stated in this Contract and shall be designated by the Commissioner of Labor of the State of New York; and
4) the CONSTRUCTION MANAGER CONSULTANT and every Subconsultant sub-consultant shall post in a prominent and accessible place on the Site, a legible statement of all minimum wage rates and supplements to be paid or provided for the various classes of laborers and mechanics to be engaged in the Work and all deductions, if any, required by law to be made from unpaid wages actually earned by the laborers and mechanics so engaged.
C. The minimum wage rates, if any, herein specified for apprentices shall apply only to persons working with the tools of the trade that said persons are learning under the direct supervision of journeyman mechanics. Except as otherwise required by law, the number of apprentices in each trade or occupation employed by the CONSTRUCTION MANAGER CONSULTANT or any Subconsultant Sub-consultant shall not exceed the number submitted by the applicable standards of the New York State Department of Labor, or, in the absence of said standards, the number permitted under the usual practice prevailing between the unions and the employer's association of the respective trades or occupations.
D. All employees of the CONSTRUCTION MANAGER CONSULTANT and each Subconsultant sub-consultant shall be paid in accordance with the provisions of the Labor Law. Certified payroll copies shall be provided to the OWNER upon request.request.-
E. X. The CONSTRUCTION MANAGER CONSULTANT agrees that, in case of underpayment of wages to any worker engaged in the Work by the CONSTRUCTION MANAGER CONSULTANT or any Subconsultantsub-consultant, the OWNER shall withhold from the CONSTRUCTION MANAGERCONSULTANT, out of payments due, an amount sufficient to pay said worker the difference between the wages required to be paid under this Contract and rates actually paid said worker for the total number of hours worked and that the OWNER may disburse said amount so withheld by the OWNER for and on account of the CONSTRUCTION MANAGER CONSULTANT to the employees to whom said amount is due. The CONSTRUCTION MANAGER CONSULTANT further agrees that the amount to be withheld pursuant to this paragraph may be in addition to the percentages to be retained by the OWNER pursuant to other provisions of this Contract.
F. Pursuant to subdivision 3 of section 220 and section 220-d of the Labor Law this Contract may be forfeited and no sum paid for any work done thereunder on a second conviction for willfully paying less than:
1) the stipulated wage scale as set forth in Labor Law; Section 220, subdivision 3, as amended, or 2) less than the stipulated minimum hourly wage scale as specified in Labor Law, Section 220-d, as amended.
G. The CONSTRUCTION MANAGER CONSULTANT specifically agrees, as required by the Labor Law, Section 220-e, as amended, that:
1) in the hiring of employees for the performance of work under this Contract or any subcontract hereunder, or for the manufacture, sale, or distribution of materials, equipment, or supplies hereunder, but limited to operation performed within the territorial limits of the State of New York, no CONSTRUCTION MANAGERCONSULTANT, nor any person acting on behalf of said CONSTRUCTION MANAGER CONSULTANT or SubconsultantSub-consultant, shall by reason of race, creed, color, sex, or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates;
2) no CONSTRUCTION MANAGERCONSULTANT, nor any person on behalf of said CONSTRUCTION MANAGER CONSULTANT or Subconsultant sub-consultant shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under this Contract on account of race, creed, color, sex, or national origin;
3) there may be deducted from the amount payable to the CONSTRUCTION MANAGERCONSULTANT, by the OWNER under this Contract, a penalty of Fifty and 00/100 Dollars ($50.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the terms of this Contract; and
4) this Contract may be canceled or terminated by the OWNER and all money due or to become due hereunder may be forfeited for a second or any subsequent violation of the terms or conditions of this section of this Contract.
H. X. The CONSTRUCTION MANAGER CONSULTANT specifically agrees to certify its payrolls and keep these certified records on site and available, available and provide copies to the OWNER upon request.
Appears in 1 contract
Samples: Consulting Agreement
LABOR LAW PROVISIONS.
A. It is hereby agreed that all applicable provisions of the Labor Law of the State of New York shall be carried out in performance of the Work.
B. The CONSTRUCTION MANAGER PROFESSIONAL specifically agrees, as required by Labor Law, Sections 220 and 220-d as amended, that:
1) no laborer, workmen, or mechanic, in the employ of the CONSTRUCTION MANAGERPROFESSIONAL, Subconsultant, or other person doing or contracting to do the whole or any part of the work contemplated by this Contract shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week, except in the emergencies set forth in the Labor Law;
2) the wages paid for legal day's work shall be not less than the prevailing rate of wages as defined by law;
3) the minimum hourly rate of wages to be paid shall be not less than that stated in this Contract and shall be designated by the Commissioner of Labor of the State of New York; and
4) the CONSTRUCTION MANAGER PROFESSIONAL and every Subconsultant shall post in a prominent and accessible place on the Site, a legible statement of all minimum wage rates and supplements to be paid or provided for the various classes of laborers and mechanics to be engaged in the Work and all deductions, if any, required by law to be made from unpaid wages actually earned by the laborers and mechanics so engaged.
C. The minimum wage rates, if any, herein specified for apprentices shall apply only to persons working with the tools of the trade that said persons are learning under the direct supervision of journeyman mechanics. Except as otherwise required by law, the number of apprentices in each trade or occupation employed by the CONSTRUCTION MANAGER PROFESSIONAL or any Subconsultant shall not exceed the number submitted by the applicable standards of the New York State Department of Labor, or, in the absence of said standards, the number permitted under the usual practice prevailing between the unions and the employer's association of the respective trades or occupations.
D. All employees of the CONSTRUCTION MANAGER PROFESSIONAL and each Subconsultant shall be paid in accordance with the provisions of the Labor Law. Certified payroll copies shall be provided to the OWNER upon request.
E. The CONSTRUCTION MANAGER PROFESSIONAL agrees that, in case of underpayment of wages to any worker engaged in the Work by the CONSTRUCTION MANAGER PROFESSIONAL or any Subconsultant, the OWNER shall withhold from the CONSTRUCTION MANAGERPROFESSIONAL, out of payments due, an amount sufficient to pay said worker the difference between the wages required to be paid under this Contract and rates actually paid said worker for the total number of hours worked and that the OWNER may disburse said amount so withheld by the OWNER for and on account of the CONSTRUCTION MANAGER PROFESSIONAL to the employees to whom said amount is due. The CONSTRUCTION MANAGER PROFESSIONAL further agrees that the amount to be withheld pursuant to this paragraph may be in addition to the percentages to be retained by the OWNER pursuant to other provisions of this Contract.
F. Pursuant to subdivision 3 of section 220 and section 220-d of the Labor Law this Contract may be forfeited and no sum paid for any work done thereunder on a second conviction for willfully paying less than:
1) the stipulated wage scale as set forth in Labor Law; Section 220, subdivision 3, as amended, or 2) less than the stipulated minimum hourly wage scale as specified in Labor Law, Section 220-d, as amended.
G. The CONSTRUCTION MANAGER PROFESSIONAL specifically agrees, as required by the Labor Law, Section 220-e, as amended, that:
1) in the hiring of employees for the performance of work under this Contract or any subcontract hereunder, or for the manufacture, sale, or distribution of materials, equipment, or supplies hereunder, but limited to operation performed within the territorial limits of the State of New York, no CONSTRUCTION MANAGERPROFESSIONAL, nor any person acting on behalf of said CONSTRUCTION MANAGER PROFESSIONAL or Subconsultant, shall by reason of race, creed, color, sex, or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates;
2) no CONSTRUCTION MANAGERPROFESSIONAL, nor any person on behalf of said CONSTRUCTION MANAGER PROFESSIONAL or Subconsultant shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under this Contract on account of race, creed, color, sex, or national origin;
3) there may be deducted from the amount payable to the CONSTRUCTION MANAGERPROFESSIONAL, by the OWNER under this Contract, a penalty of Fifty and 00/100 Dollars ($50.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the terms of this Contract; and
4) this Contract may be canceled or terminated by the OWNER and all money due or to become due hereunder may be forfeited for a second or any subsequent violation of the terms or conditions of this section of this Contract.
H. The CONSTRUCTION MANAGER PROFESSIONAL specifically agrees to certify its payrolls and keep these certified records on site and available, and provide copies to the OWNER upon request.
Appears in 1 contract
Samples: Consulting Agreement
LABOR LAW PROVISIONS.
A. It is hereby agreed that all applicable provisions of the Labor Law of the State of New York shall be carried out in performance of the Work.
B. The CONSTRUCTION MANAGER CONSULTANT specifically agrees, as required by Labor Law, Sections 220 and 220-220- d as amended, that:
1) no laborer, workmen, or mechanic, in the employ of the CONSTRUCTION MANAGERCONSULTANT, Subconsultantsubconsultant, or other person doing or contracting to do the whole or any part of the work contemplated by this Contract shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week, except in the emergencies set forth in the Labor Law;
2) the wages paid for legal day's work shall be not less than the prevailing rate of wages as defined by law;; SAMPLE
3) the minimum hourly rate of wages to be paid shall be not less than that stated in this Contract and shall be designated by the Commissioner of Labor of the State of New York; and
4) the CONSTRUCTION MANAGER CONSULTANT and every Subconsultant subconsultant shall post in a prominent and accessible place on the Sitesite, a legible statement of all minimum wage rates and supplements to be paid or provided for the various classes of laborers and mechanics to be engaged in the Work and all deductions, if any, required by law to be made from unpaid wages actually earned by the laborers and mechanics so engaged.
C. The minimum wage rates, if any, herein specified for apprentices shall apply only to persons working with the tools of the trade that said persons are learning under the direct supervision of journeyman mechanics. Except as otherwise required by law, the number of apprentices in each trade or occupation employed by the CONSTRUCTION MANAGER CONSULTANT or any Subconsultant subconsultant shall not exceed the number submitted by the applicable standards of the New York State Department of Labor, or, in the absence of said standards, the number permitted under the usual practice prevailing between the unions and the employer's association of the respective trades or occupations.
D. All employees of the CONSTRUCTION MANAGER CONSULTANT and each Subconsultant subconsultant shall be paid in accordance with the provisions of the Labor Law. Certified payroll copies shall be provided to the OWNER upon request.
E. The CONSTRUCTION MANAGER CONSULTANT agrees that, in case of underpayment of wages to any worker engaged in the Work by the CONSTRUCTION MANAGER CONSULTANT or any Subconsultantsubconsultant, the OWNER shall withhold from the CONSTRUCTION MANAGERCONSULTANT, out of payments due, an amount sufficient to pay said worker the difference between the wages required to be paid under this Contract and rates actually paid said worker for the total number of hours worked and that the OWNER may disburse said amount so withheld by the OWNER for and on account of the CONSTRUCTION MANAGER CONSULTANT to the employees to whom said amount is due. The CONSTRUCTION MANAGER CONSULTANT further agrees that the amount to be withheld pursuant to this paragraph may be in addition to the percentages to be retained by the OWNER pursuant to other provisions of this Contract.
F. Pursuant to subdivision 3 of section 220 and section 220-d of the Labor Law this Contract may be forfeited and no sum paid for any work done thereunder on a second conviction for willfully paying less than:
1) the stipulated wage scale as set forth in Labor Law; Section 220, subdivision 3, as amended, or 2) less than the stipulated minimum hourly wage scale as specified in Labor Law, Section 220-d, as amended.
G. The CONSTRUCTION MANAGER CONSULTANT specifically agrees, as required by the Labor Law, Section 220-e, as amended, that:: SAMPLE
1) in the hiring of employees for the performance of work under this Contract or any subcontract hereunder, or for the manufacture, sale, or distribution of materials, equipment, or supplies hereunder, but limited to operation performed within the territorial limits of the State of New York, no CONSTRUCTION MANAGERCONSULTANT, nor any person acting on behalf of said CONSTRUCTION MANAGER CONSULTANT or Subconsultantsubconsultant, shall by reason of race, creed, color, sex, or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates;
2) no CONSTRUCTION MANAGERCONSULTANT, nor any person on behalf of said CONSTRUCTION MANAGER CONSULTANT or Subconsultant subconsultant shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under this Contract on account of race, creed, color, sex, or national origin;
3) there may be deducted from the amount payable to the CONSTRUCTION MANAGERCONSULTANT, by the OWNER under this Contract, a penalty of Fifty and 00/100 Dollars ($50.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the terms of this Contract; and
4) this Contract may be canceled or terminated by the OWNER and all money due or to become due hereunder may be forfeited for a second or any subsequent violation of the terms or conditions of this section of this Contract.
H. The CONSTRUCTION MANAGER CONSULTANT specifically agrees to certify its payrolls and keep these certified records on site and available, and provide copies to the OWNER upon request.
Appears in 1 contract
Samples: Operating Contract